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Item 7ACase No. ZA19-0003 S T A F F R E P O R T March 12, 2019 CASE NO: ZA19-0003 PROJECT: Zoning Change and Concept Plan for 2500 Raintree Drive EXECUTIVE SUMMARY: The Sage Group, on behalf of the owner, Timothy Cummings, is requesting approval of a Zoning Change and Concept Plan on property described as Lot 15, S. Freeman No. 525 Addition, City of Southlake, Tarrant County, Texas, and located at 2500 Raintree Drive, Southlake, Texas. Current Zoning: “SF -1A” Single Family Residential District. Proposed Zoning: “RE-5” Single Family Residential Estate District. SPIN Neighborhood # 4 DETAILS: This property is generally located approximately 1,000 feet east of the intersection of Shady Lane and Raintree Drive located on the north side of Raintree Drive on 5.24. acres. The purpose of this item is to seek approval of a zoning change and concept plan from “SF-1A” Single Family Residential District to “RE-5” Single Family Residential Estate District which will allow additional area for two accessory buildings, a covered outdoor kitchen /pergola (approximately 220 sq. ft.), a lounge pad (approximately 120 sq. ft.), and an approximately 320 square foot porch addition to the 4,000 square foot barn/building currently under construction. The 9,280 square foot residence is currently under construction on the property. The current “SF -1A” district limits the total accessory building area to 4,000 sq. ft. The “RE-5” district allows a total of all accessory buildings up to 5% of lot area. Site Data Summary Existing Zoning SF-1A Proposed Zoning RE-5 Land Use Designation Low Density Residential Gross/Net Acreage 5.24/5.24 Dwelling Units/Residential Lots 1 Gross Density/Net Density .191/.191 Opposition has been filed by the property owner to the east which accounts for 23.29% of the surrounding area within 200 ft. which will require a super majority (6 of 7 members of the City Council) in order to approve the item on the 2 nd reading. ACTION NEEDED: Consider approval of 1st reading for a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map Case No. ZA19-0003 (C)Concept Plan Review Summary No. 3, dated February 26, 2019 (D)Surrounding Property Owners Map Responses (E)Surrounding Property Owners Responses (F)Ordinance No. 480-756 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Link to Plans Page 1 - Concept Plan Page 2 - Tree Conservation Plan Page 3 - 6 Building Details STAFF CONTACT: Ken Baker (817)748-8067 Patty Moos (817)748-8269 Case No. Attachment A ZA19-0003 Page1 BACKGROUND INFORMATION OWNER: Timothy Cummings APPLICANT: The Sage Group PROPERTY SITUATION: 2500 Raintree Drive, Southlake LEGAL DESCRIPTION: Lot 15, S. Freeman No. 525 Addition, Southlake, Texas LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District PROPOSED ZONING: “RE-5” Single Family Residential Estate District HISTORY: The “SF-1A” Zoning District was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. June 6, 2017; a plat showing was filed with the county for the property Lot 15, S. Freeman No 525 Addition. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is “Low Density Residential”. 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. 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 Raintree Drive as a residential street. Case No. Attachment A ZA19-0003 Page 4 Pathways Master Plan & Sidewalk Plan The property was platted on June 7, 2017 prior to t he adoption of Ordinance 483-Q by City Council on October 3, 2017 . This change eliminated the sidewalk exemption of a single lot residential subdivisions unless sidewalks exist on both sides of the lot or the lot is within 1,500 feet of a school and on the same side of the street. A sidewalk is not required for this property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Raintree Drive is an existing two-lane residential street with a 50-foot right- of way. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -D since it is being rezoned. The proposed Tree Preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is approximately 57.54% existing tree cover on the site, of which, approximately 67.41% is proposed to be preserved. The Tree Preservation Ordinance requires that a minimum 50% of existing tree cover be preserved. UTILITIES: There is an existing force main water line and 6 -inch sewer line serving the property along Raintree Drive. DRAINAGE: The drainage on the property is generally sheet flow from south to north. CITIZEN INPUT: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION: February 21, 2019; Approved (5-0) subject to the Staff Report dated February 15, 2019 and the Concept Plan Review Summary No. 2 dated February 15, 2019. CITY COUNCIL: March 5, 2019; Approved (5-0) on the Consent Agenda to table the item until the March 19, 2019 City Council meeting. STAFF COMMENTS: Attached is Review Summary No. 3, dated February 26, 2019. Case No. Attachment B ZA19-0003 Page 1 Case No. Attachment C ZA19-0003 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA19-0003 Review No.: Three Date of Review: 2/26/19 Project Name: Zoning Change and Concept Plan – 2500 Raintree Drive (Lot 15, Freeman #525 Addition) APPLICANT: Sage Group OWNER: Timothy Cummings Curtis Young 1130 N. Carrol Avenue, Ste. 200 4731 Byron Circle Southlake, TX 76092 Irving, TX 75038 Phone: 817-424-2626 Phone: 214-537-8099 Email: cyoung@sage-dfw.com Email: tcummings@cummingelec.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/4//2019 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. All development must comply with the “RE-5 Single family residential Estate District zoning requirements. 2. The applicant is proposing a minimum 90 ft. front yard building setback to meet the minimum lot width of 300 ft. required under the “RE-5” district regulations. An amended plat, submitted to the City and filed with the County reflecting the new setback, is needed. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Case No. Attachment C ZA19-0003 Page 2 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 protecte d during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Kevin Ferrer, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of Building Permit. Engineering department has previously made a comment regarding the location of the proposed culverts. As the constructed culverts are causing downstream erosion issues, the applicant will need to mitigate the ongoing issues that is affecting the neighboring property. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collec tors and arterials. DRAINAGE COMMENTS: 1. Limits of 100- year floodplain shall be shown. Double check firm panel and location of the lot’s boundary. INFORMATIONAL COMMENTS: Case No. Attachment C ZA19-0003 Page 3 * Submit 22”x34” civil construction plans and a completed Construction Plan Checkl ist 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 we bsite: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall re quire a permit from the Building Inspections Department prior to construction. * 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 Develop er’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 Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Public Works Traffic Division Stephanie Taylor Transportation Manager Phone: 817-748-8216 Email: staylor@ci.southlake.tx.us Case No. Attachment C ZA19-0003 Page 4 No comments. General Informational Comments * 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 approv al 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. * Denotes Informational Comment Case No. Attachment D ZA19-0003 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1. ROSENTHAL, RAQUEL SF1-A 2750 RAINTREE 0.11 NR 2. FAHIM, AHMAD ART SF1-A 2460 RAINTREE 0.97 F 3. BASINGER, LARRY SF1-A 2869 RAINFOREST CT 1.04 NR 4. BIGALKE, DAVID SF1-A 2870 RAINFOREST CT 1.09 NR 5. WEDDEL, JAMES M SF1-A 2489 RAINTREE 1.26 F 6. KUNZI, BEVERLY JOAN SF1-A 2479 RAINTREE 1.06 NR 7. BECK, GREGORY SF1-A 2469 RAINTREE DR 0.86 NR 8. FARQUHAR, KAREN L SF1-A 2600 RAINTREE 4.16 O 9. ROSENTHAL, RAQUEL SF1-A 2750 RAINTREE 1.15 NR 10. NOVAKOVIC, ROBERTA SF1-A 2480 RAINTREE 2.48 F 11. U S A SF1-A 845 SHADY LN 14.01 NR 12. CUMMINGS, TIMOTHY SF1-A 2500 RAINTREE DR 5.29 NR 13. Superintendent of Carroll ISD 2400 N Carroll Ave NR 14. Superintendent of Grapevine Colleyville ISD 3051 Ira E Woods Ave NR 15. Superintendent of Northwest ISD PO Box 77070 NR 16. Superintendent of Keller ISD 350 Keller Pkwy NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Fifteen (15) Responses Received within 200’: In Favor:3 Opposed:1 Undecided:0 No Response:11 Case No. Attachment E ZA19-0003 Page 1 SURROUNDING PROPERTY OWNER RESPONSES Case No. Attachment E ZA19-0003 Page 2 Case No. Attachment E ZA19-0003 Page 3 Case No. Attachment E ZA19-0003 Page 4 Case No. Attachment E ZA19-0003 Page 5 Case No. Attachment E ZA19-0003 Page 6 Case No. Attachment E ZA19-0003 Page 7 Case No. Attachment F ZA19-0003 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-756 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 LOT 15, S. FREEMAN NO. 525 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 5.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “RE-5” RESIDENTIAL ESTATE DISTRICT, AS DEPICTED ON THE APPROVED SITE 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 Cod e; 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, residentia l 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 a s “SF-1A” Single Case No. Attachment F ZA19-0003 Page 2 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 a nd 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 parkin g areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the publ ic interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment F ZA19-0003 Page 3 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 15, S. Freeman No. 525 Addition, City of Southlake, Tarrant County, Texas being approximately 5.24 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential District Case No. Attachment F ZA19-0003 Page 4 to “RE-5” Residential Estate District as depicted on the approved Site 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 ligh t 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 commun ity. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment F ZA19-0003 Page 5 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 ex cept 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 aff ecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment F ZA19-0003 Page 6 ordinance in its entirety on the City website together with a notice setting out the time a nd 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 Secreta ry 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 _____, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA19-0003 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA19-0003 Page 8 EXHIBIT “A” Being described as legal description, City of Southlake, Tarrant County, Texas, being approximately ##.## acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment F ZA19-0003 Page 9 EXHIBIT “B” Reserved for approved Site Plan