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Item 6CCase No. ZA18-0011 S T A F F R E P O R T July 31, 2018 CASE NO: ZA18-0011 PROJECT: Zoning Change and Concept Plan for Lots 3R1 and 3R2, M. Mahaffey No. 916 Addition EXECUTIVE SUMMARY: Michael Lamon is requesting 2nd Reading approval of a Zoning Change and Concept Plan for Lots 3R1 and 3R2, M. Mahaffey No. 916 Addition on property described as Tracts 6, 6A, 7A and 7B, M. Mahaffey Survey, Abstract No. 916A, City of Southlake, Denton County, Texas and Lot 3, M. Mahaffey No. 916 Addition, an addition to the City of Southlake, Denton County, Texas and located at 229-275 E. Bob Jones Rd., Southlake, Texas. Current Zoning: "AG" Agricultural District and “RE-5” Single Family Residential Estate District. Proposed Zoning: “SF-2” Single Family Residential District and “RE-5” Single Family Residential Estate District. SPIN Neighborhood #1. DETAILS: This property is located on the south side of E. Bob Jones Rd. approximately 1,500 feet east of N. White Chapel Blvd. The purpose of this request is to seek 2nd Reading approval of a Zoning Change and Concept Plan for two residential lots on approximately 15.23 acres. The west boundary of the existing Lot 3, M. Mahaffey No. 916 Addition is proposed to be shifted to the west, increasing the size of that property to approximately 8.66 acres. The remainder of the unplatted tracts currently addressed as 229-245 E. Bob Jones Rd. are proposed to be rezoned as one residential lot with the “SF-2” Single Family Residential District zoning designation and with an approximate area of 6.27 acres. VARIANCE REQUEST: Subdivision Ordinance No. 483, as amended, Section 5.06B requires sidewalks in all residential subdivisions platted or replatted after the effective date of the ordinance. The Pathways Master Plan shows future sidewalks (<8’) on both sides of E. Bob Jones Rd. A five (5) foot sidewalk is required to be installed with the construction of a new home on either of the proposed lots. The applicant is requesting a variance to the sidewalk requirement and is proposing that no sidewalk be provided on either of the proposed lots. The applicant has agreed to provide a pedestrian access easement per the City Council motion for approval at 1st Reading. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Concept Plan Department of Planning & Development Services Case No. ZA18-0011 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Concept Plan Review Summary No. 3, dated July 30, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-748 Full Size Plans ( for Commission and Council members only ) Link to PowerPoint Presentation Link to Variance Request Letter Link to Plans Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-0011 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Michael Lamon PROPERTY SITUATION: Located on the south side of E. Bob Jones Rd. approximately 1,500 feet east of N. White Chapel Blvd. LEGAL DESCRIPTION: Tracts 6, 6A, 7A and 7B, M. Mahaffey Survey, Abstract No. 916A, City of Southlake, Denton County, Texas and Lot 3, M. Mahaffey No. 916 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District and “RE-5” Single Family Residential Estate District PROPOSED ZONING: “SF-2” Single Family Residential District and “RE-5” Single Family Residential Estate District HISTORY: - The property was annexed into the City in 1988 and given the “AG” Agricultural District zoning designation. - A Zoning Change for Lot 3, M. Mahaffey No. 916 Addition from "AG" Agricultural District to “RE” Single Family Residential Estate District was approved July 19, 1994. - A Plat Showing (ZA94-065) for Lot 3, M. Mahaffey No. 916 Addition was approved July 5, 1994 and filed July 15, 1994. - The existing home on Lot 3, M. Mahaffey No. 916 Addition was constructed in 1995. - The “RE” Single Family Residential Estate District was changed to “RE- 5” Single Family Residential Estate District with the approval of Ord. No. 480-UUUU on June 7, 2016. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is “Low Density Residential”. 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 rural character of the City of Southlake. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows E. Bob Jones Rd. as a two-lane undivided collector with 70’ of right of way. Adequate right of way is shown to be dedicated on the Concept Plan. Case No. Attachment A ZA18-0011 Page 2 Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows future sidewalks (<8’) on both sides of E. Bob Jones Rd. A five (5) foot sidewalk is required to be installed with the construction of a new home on either of the proposed lots. A variance to this requirement is requested. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions E. Bob Jones is currently constructed as an approximately 20’ wide two- lane road with a speed limit of 30 mph. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. One home is to be built on the proposed Lot 3R1 and one home exists on the proposed Lot 3R2. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D since it is being rezoned. All protected trees on both lots are shown to be preserved. The trees shown on the proposed Lot 3R1 as “Tree subject to disturbance” were recently planted by the property owner and they are not protected trees. UTILITIES: An existing 8” water line in Bob Jones Rd. will serve the proposed lots. City sewer is not available to the property. An on-site sewage facility, or septic system, will be required. DRAINAGE: Drainage on the property is generally sheet flow from northeast to southwest to the pond on Bob Jones Park. CITIZEN INPUT: A SPIN meeting was held on June 12, 2018. A link to the report is provided. SPIN Report PLANNING AND ZONING COMMISSION ACTION: June 7, 2018; Approved (6-0) subject to the staff report dated June 1, 2018 and Concept Plan Review Summary No. 3, dated June 1, 2018 and granting the variance requested in that staff report subject to the applicant’s agreement to provide a pedestrian access easement to accommodate the building of the sidewalk if and when that takes place. CITY COUNCIL ACTION: June 19, 2018; Approved on consent at 1 st reading (6-0) approving the variance request noted in the staff report related to the provision of a sidewalk, subject to the applicant’s agreement to provide a pedestrian access easement to accommodate a future sidewalk when built. STAFF COMMENTS : Attached is Revised Concept Plan Review Summary No. 3, dated July 30, 2018. Case No. Attachment A ZA18-0011 Page 3 APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations NA Not Applicable Building Articulation NA Not Applicable Masonry Standards NA Not Applicable Impervious Coverage NA Not Applicable Bufferyards NA Not Applicable Interior Landscape NA Not Applicable Tree Preservation Y Complies Sidewalks Y 5’ sidewalk required – Variance is requested Case No. Attachment B ZA18-0011 Page 1 Case No. Attachment C ZA18-0011 Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA18-0011 Review No.: Three Date of Review: 07/30/18 Project Name: Zoning Change and Concept Plan – Lots 3R1 and 3R2, M. Mahaffey No. 916 Addition APPLICANT: Michael Lamon SURVEYOR: Jason Rawlings Miller Surveying, Inc. 275 E. Bob Jones Rd. 430 Mid Cities Blvd. Southlake, TX 76092 Hurst, TX 76054 Phone: (817) 233-5046 Phone: (817) 577-1052 E-mail: michael.lamon@outlook.com E-mail: jason@millersurvey.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/1/18 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. A Plat Revision that conforms to the underlying zoning must be processed, approved and filed with Denton County. 2. Subdivision Ordinance No. 483, as amended, Section 5.06B requires sidewalks in all residential subdivisions platted or replatted after the effective date of the ordinance. The Pathways Master Plan shows future sidewalks (<8’) on both sides of E. Bob Jones Rd. A five (5) foot sidewalk is required to be installed with the construction of a new home on either of the proposed lots. The applicant is requesting a variance to the sidewalk requirement and is proposing that no sidewalk be provided on either of the proposed lots. The applicant has agreed to provide a pedestrian access easement per the City Council motion for approval at 1 st Reading. 3. Please revise the label on the lot to the west of Lot 3R1 to Lot 4, M. Mahaffey No. 916 Addition instead of Lot 4, M. Mahaffey No. 918 Addition. 4. Please ensure that all existing trees are shown and labeled on the Tree Preservation Plan. There appears to be two existing trees adjacent to the pond on the south side in addition to the larger tree to the north of the pond, Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * All existing protected trees are proposed to remain undisturbed. The trees shown on the proposed Lot 3R1 as “Tree subject to disturbance” were recently planted by the property owner and they are not protected trees. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA18-0011 Page 2 Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments. ============= The following should be informational comments only ==================== * A SPIN meeting was held on June 12, 2018. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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 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. * Denotes Informational Comment Case No. Attachment D ZA18-0011 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. MARANATHA INV LTD SF1-A 250 E BOB JONES RD 7.07 NR 2. VAN HAL, MARVIN SF1-A 280 E BOB JONES RD 2.67 NR 3. THOMAS, DAVID F SF1-A 4321 SADDLE RIDGE RD 2.39 NR 4. MARANATHA INV LTD SF1-A 290 E BOB JONES RD 1.83 NR 5. DOTY, JOHN M SF1-A 4322 HOMESTEAD DR 0.98 NR 6. LAMON, MICHAEL & SUSAN AG 235 E BOB JONES RD 1.14 NR 7. LAMON, MICHAEL & SUSAN AG 241 E BOB JONES RD 3.30 NR 8. BREDENBERG, ROLLIN & DIANE RE5 225 E BOB JONES RD 8.06 F 9. LAMON, MICHAEL & SUSAN AG 229 E BOB JONES RD 1.93 NR 10. LAMON, MICHAEL & SUSAN AG 245 E BOB JONES RD 1.94 NR 11. LAMON, MICHAEL & SUSAN RE5 275 E BOB JONES RD 6.60 NR 12. LANDESBERG, PETER & JULIE SF1-A 305 E BOB JONES RD 5.61 NR 13. SOUTHLAKE, CITY OF AG 3901 N WHITE CHAPEL BLVD 79.26 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Eight (8) Responses Received: One (1) - Attached Case No. Attachment D ZA18-0011 Page 2 Case No. Attachment E ZA18-0011 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-748 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 6, 6A, 7A AND 7B, M. MAHAFFEY SURVEY, ABSTRACT NO. 916A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS AND LOT 3, M. MAHAFFEY NO. 916 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS BEING APPROXIMATELY 15.23 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "AG" AGRICULTURAL DISTRICT AND “RE- 5” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO “SF-2” SINGLE FAMILY RESIDENTIAL DISTRICT AND “RE-5” SINGLE FAMILY RESIDENTIAL ESTATE 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, Case No. Attachment E ZA18-0011 Page 2 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and “RE-5” Single Family Residential Estate District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment E ZA18-0011 Page 3 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 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: Case No. Attachment E ZA18-0011 Page 4 Being described as Tracts 6, 6A, 7A and 7B, M. Mahaffey Survey, Abstract No. 916A, City of Southlake, Denton County, Texas and Lot 3, M. Mahaffey No. 916 Addition, an addition to the City of Southlake, Denton County, Texas being approximately 15.23 acres, and more fully and completely described in Exhibit “A” from "AG" Agricultural District and “RE-5” Single Family Residential Estate District to “SF-2” Single Family Residential District and “RE-5” Single Family Residential Estate District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any conditions 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 Case No. Attachment E ZA18-0011 Page 5 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. 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. Case No. Attachment E ZA18-0011 Page 6 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the 19 th day of June, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA18-0011 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0011 Page 8 EXHIBIT “A” Being described as Tracts 6, 6A, 7A and 7B, M. Mahaffey Survey, Abstract No. 916A, City of Southlake, Denton County, Texas and Lot 3, M. Mahaffey No. 916 Addition, an addition to the City of Southlake, Denton County, Texas, being approximately 15.23 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-0011 Page 9 EXHIBIT “B” Reserved for approved Site Plan