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Item 7DCase No. ZA17-083 S T A F F R E P O R T November 28, 2017 CASE NO: ZA17-083 PROJECT: Zoning Change and Concept Plan for 105 and 109 Brock Dr. EXECUTIVE SUMMARY: Michael Quinones is requesting 1st Reading approval of a Zoning Change and Concept Plan for 105 and 109 Brock Dr. on property described as Lot 9, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 105 and 109 Brock Dr., Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. Requested Zoning: “SF-20A” Single Family Residential District. SPIN Neighborhood #11. DETAILS: The proposed development is located on the east side of Brock Dr. approximately 200 feet south of W. Southlake Blvd. The applicant is requesting 1st Reading approval of a Zoning Change and Concept Plan for 105 and 109 Brock Dr. from “SF-1A” Single Family Residential District to “SF- 20A” Single Family Residential District. The property owner is proposing to subdivide the existing lot with a total area of approximately 1.0 acres into two lots which do not meet the minimum one acre lot size required in the “SF-1A” Single Family Residential District or the maximum net density allowed in the Low Density Residential land use designation. An associated Land Use Plan Amendment (CP17-007) from Low Density Residential to Medium Density Residential is being processed in conjunction with the Zoning Change and Concept Plan. The Tarrant Appraisal District currently shows separate tax accounts for the northern and southern portions of t he property. Subdivision of the property will also require that a Plat Revision be processed and approved by City Council following a recommendation by the Planning and Zoning Commission and recorded with the County prior to the conveyance of any portion o f the existing platted lot or the issuance of any building permits for a new home on the proposed southern lot. Site Data Summary Existing Zoning “SF-1A” Proposed Zoning “SF-20A” Land Use Designation Low Density Residential Proposed Land Use Designation Medium Density Residential Gross/Net Acreage 1.0 Residential Lots 2 Gross/Net Density 2.0 du/acre Lot Area Range 20,924 SF and 22,636 SF Average Lot Area 21,780 SF Department of Planning & Development Services Case No. ZA17-083 The proposed “SF-20A” zoning district is compared to the existing “SF-1A” zoning district in the table below: Regulation SF-1A SF-20A Front Yard Setback 40’ 35’ Side Yard Setback 20’ 15’ Rear Yard Setback 40’ 40’ Maximum Lot Coverage 20% 30% Minimum Lot Area 43,560 SF 20,000 SF Lot Width 100’ 100’ Lot Depth 125’ 125’ Maximum Height 35’ and 2 ½ stories 35’ and 2 ½ stories Minimum Floor Area 2,000 SF 1,800 SF Maximum Density 1.0 du/acre 2.18 du/acre VARIANCE REQUESTED: Subdivision Ordinance No. 483, Section 5.06.B requires a 4’ sidewalk to be provided at the time of construction with the platting or replatting of residential property. The applicant is requesting a variance to the sidewalk requirement since there is a borrow ditch along Brock Dr. ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated November 3, 2017 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-733 (F) Hard Copy Plans (for Commission and Council Members Only) Link to PowerPoint Presentation Variance Request Letter Link to Plans Link to Tree Conservation Analysis Link to SPIN meeting Report STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. Attachment A ZA17-083 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Michael Quinones PROPERTY SITUATION: 105 and 109 Brock Dr. LEGAL DESCRIPTION: Lot 9, Brock Addition LAND USE CATEGORY: Low Density Residential (Medium Density Residential proposed) CURRENT ZONING: "SF-1A" Single Family Residential District PROPOSED ZONING: "SF-20A" Single Family Residential District HISTORY: - The property was annexed into the Town of Southlake in 1956 and given the “AG” Agricultural District zoning designation. - A Plat for Brock Addition was filed on November 8, 1 967. - The existing home on the property was constructed in 1971 (Source: Tarrant Appraisal District). - A Zoning Change (ZA88-024) for Brock Addition from “AG” Agricultural District to “SF-1” Single Family Residential District was approved August 2, 1988. - The property was given the “SF-1A” Single Family Residential District zoning designation with approval of Ordinance No. 480 and the Official Zoning Map in September of 1989. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The site is designated “Low Density Residential”, which specifies single family detached dwellings at a net density of one or fewer dwelling units per acre. The proposed Concept Plan does not comply with this designation. An associated Land Use Plan Amendment (CP17 -007) from Low Density Residential to Medium Density Residential is being processed in conjunction with the Zoning Change and Concept Plan . Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Brock Dr. to be a local street. A 60’ right of way was dedicated with the plat for Brock Addition. The minimum required right of way for a local street is 50’. Pathways Master Plan & Sidewalk Plan A 4’ sidewalk is required to be constructed along both sides of all public and private streets in all residential subdivisions platted or replatted after the effective date of Zoning Ordinance No. 480, which is September of 1989. A variance to this requirement has been requested by the applicant since there is a borrow ditch along Brock Dr. Case No. Attachment A ZA17-083 Page 2 TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The Concept Plan shows two proposed lots with access onto Brock Dr., which is a local street with 60’ of dedicated right of way. Traffic Impact Use Lots Vtpd* AM- IN AM- OUT PM- IN PM- OUT Single Family Residential (210) Added 1 10 0 1 1 0 Existing 1 10 0 1 1 0 Total 2 20 0 2 2 0 * 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 will be served by an existing 8” water line and an existing 15” sewer line in Brock Dr. DRAINAGE: Drainage on the property is generally sheet flow from west to east across the property. TREE PRESERVATION: The Tree Conservation Analysis shows approximately 26.7% of existing tree canopy on the property of which approximately 68.5% is proposed to be preserved. Tree Preservation Ordinance No 585-D requires 60% of existing canopy to be preserved. CITIZEN INPUT: The following meeting w as held to discuss the development: A SPIN meeting for this project was held by the applicant on August 22, 2017. A link to the report is provided. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: November 9, 2017; A motion to deny the item was approved (3-1). Forman, Springer and Rothmeier voted to deny. Chairman Forman voted against the request based on Council’s guidance to not change the Future Land Use without some extraordinary circumstances. City Council may consider changing the Land Use based on the proposed Stony Brook development to the west. Commissioner Springer voted against the request based on the whole neighborhood being zoned “SF-1A” and he is against splitting lots for no good reason. Commissioner Rothmeier voted agains t the request because of concerns of setting a precedent for the other properties in the subdivision. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated November 3, 2017 . The criteria for City Council to grant a Variance to Subdivision Ordinance No. 483, as amended, are as follows: Section 9.01 Modifications and Variations: Case No. Attachment A ZA17-083 Page 3 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 gene ral spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development 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. Case No. Attachment B ZA17-083 Page 1 Case No. Attachment C ZA17-083 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA17-083 Review No.: Two Date of Review: 11/03/17 Project Name: Concept Plan – 105 and 109 Brock Dr. APPLICANT: Michael Quinones Owner: Same 105 Brock Dr. Southlake, TX 76092 Phone: (817) 798-7120 Phone: E-mail: quinonesmc@gmail.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/01/17 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. The requested zoning change does not comply with the existing Low Density Land Use designation on the property. A Comprehensive Land Use Plan Amendment from Low Density Residential to Medium Density Residential must be approved by City Council prior to approval of the requested zoning change. An application for a Land Use Plan amendment is being processed under Case No. CP17-007. 2. A plat revision must be processed and approved by City Council following a recommendation from the Planning and Zoning Commission and then the plat must b e recorded with the County prior to the conveyance of any portion of the property or the issuance of any building permits. The plat must comply with the underlying zoning district. * Subdivision Ordinance No. 483, Section 5.06.B requires a 4’ sidewalk at the time of construction with the platting or replatting of residential property. The applicant is requesting a variance to the sidewalk requirement since there is a borrow ditch along Brock Dr. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. The Tree Conservation Analysis shows approximately 26.7% of existing tree canopy on the property of which approximately 68.5% is proposed to be preserve d. Tree Preservation Ordinance No 585-D requires 60% of existing canopy to be preserved. A Tree Conservation Plan which complies with the approved Tree Conservation Analysis and the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-D will be required to be submitted with the Plat Revision and/or Building Permit submittal. Case No. Attachment C ZA17-083 Page 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 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. * 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. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments. General Informational Comments * A SPIN meeting was held on August 22, 2017 for this project. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Stree t Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment C ZA17-083 Page 3 * 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 t o 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. * Denotes Informational Comment Case No. Attachment D ZA17-083 Page 1 SURROUNDING PROPERTY OWNERS 105 and 109 Brock Dr. SPO # Owner Zoning Physical Address Acreage Response 1. MCCALL, HAROLD L SF1-A 320 BROCK DR 1.33 F 2. SOUTHLAKE CHURCH OF CHRIST CS 2417 W SOUTHLAKE BLVD 9.82 NR 3. GLENDA WIESMAN TRUST SF1-A 250 BROCK DR 1.53 NR 4. TAK ENTERPRISES INC SP1 2419 W SOUTHLAKE BLVD 1.06 NR 5. QUINONES, MICHAEL C SF1-A 105 BROCK DR 0.52 NR 6. VARGAS, PERRY W SF1-A 209 BROCK DR 1.05 F 7. KEY, DOROTHY RE5 300 DAVIS BLVD 6.18 NR 8. HOWARD, EMMA L SF1-A 303 BROCK DR 1.09 NR 9. PAPILLARD, MARJORIE S SF1-A 319 BROCK DR 0.65 NR 10. PAPILLARD, MARJORIE A SF1-A 329 BROCK DR 0.69 O 11. HANEY, ARVEL W EST SF1-A 400 BROCK DR 4.73 NR 12. HANEY, MARGARET SF1-A 410 BROCK DR 1.67 NR 13. AJLOUNI, RAED AG 2415 W SOUTHLAKE BLVD 2.54 NR Case No. Attachment D ZA17-083 Page 2 14. MANTHEIY, PEGGY RE5 200 DAVIS BLVD 5.11 NR 15. 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: Fifteen (15) Responses Received Within 200’ and Platted Subdivision: Three (3) Case No. Attachment E ZA17-083 Page 0 Case No. Attachment E ZA17-083 Page 1 Case No. Attachment E ZA17-083 Page 2 Case No. Attachment E ZA17-083 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-733 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 DESCRIBED AS LOT 9, BROCK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.09 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “SF-20A” 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 “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 Case No. Attachment E ZA17-083 Page 4 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 and 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 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 Case No. Attachment E ZA17-083 Page 5 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 Lot 9, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.09 acres, and more fully and completely described in exhibit “A” from “SF-1A” Single Family Residential District to “SF-20A” 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: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Case No. Attachment E ZA17-083 Page 6 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 ratifi ed, 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 comple te 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. 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. Case No. Attachment E ZA17-083 Page 7 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 lan d 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 of fense. 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 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. Case No. Attachment E ZA17-083 Page 8 SECTION 10. This ordinance shall be in full force and effect from and after its passage and pub lication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ____ day of ______, 2017. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _______day of _______, 2017. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-083 Page 9 EXHIBIT “A” Legal Description Being described as Lot 9, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas, and being approximately 1.09 acres. Case No. Attachment E ZA17-083 Page 10 EXHIBIT “B” Reserved for approved Concept Plan