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Item 7ACase No. ZA19-0008 S T A F F R E P O R T August 27, 2019 CASE NO: ZA19-0008 PROJECT: Zoning Change and Development Plan for Maranatha Residential EXECUTIVE SUMMARY: On behalf of SRI Southlake Villas, LLC, Trium Development Partners, LLC is requesting approval of a Zoning Change and Development Plan for Maranatha Residential on property described as Tracts 2A03, 2A03A1, 2A03B, 2A05 and 2A03A, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and addressed as 1719 and 1825 Maranatha Way and 208 Randol Mill Ave., Southlake, Texas. Current Zoning: “AG” Agricultural District and “SF-1B” Single Family Residential District. Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #5. DETAILS: The proposed development is generally located on the east side of Davis Blvd. (F.M. 1938) approximately 1,200 feet north of the intersection with Randol Mill Ave. The property is accessible by Maranatha Way, which is a private road in a public right of way that extends north from Randol Mill Ave. The applicant, Trium Development Partners, LLC, is requesting approval of a Zoning Change and Development Plan for Maranatha Residential, which includes 13 single family residential lots on approximately 18.35 acres. The development is proposed with a 32’ back of curb to back of curb private street in an access easement. The developer is proposing to improve the portion of Maranatha Way from Randol Mill Ave. to the subject property to a 24’ paving width. Maranatha Way is a private street in a public right of way that has not been accepted by the City. The existing home on the property is proposed to be removed. The Site Data Summary Chart is below: Site Data Summary Existing Zoning “AG” and “SF-1B” Proposed Zoning “R-PUD” Land Use Designation Low Density Residential Gross Acreage 18.35 ac. Net Acreage (minus Access Easement) 16.2 ac. Access Easement Area 2.15 Residential Lots 13 Gross Density 0.71 du/ac Net Density 0.80 du/ac Open Space % 0% Lot Area Range (includes Access Easement area) 46,968 SF to 75,854 sf Average Lot Area (minus Access Easement area) 54,286 sf Case No. ZA19-0008 The development regulations are based on the “SF-1A” Single Family Residential District Regulations with the following exceptions: Regulation SF-1A District PUD Regulation Front Yard 40’ 20’ on Lot 13 Rear Yard 40’ 20’ on Lots 7,8,9,10 and 13 1. Zoning Ord. No. 480, as amended, Section 30.11 requires that open space shall comprise not less than 10% of the gross site area within a Residential Planned Unit Development (R-PUD). Due to the excessive floodplain and drainage accommodation, the overall Development Plan shall be as shown with no common open space. 2. Zoning Ord. No. 480, Section 33.14, as amended, requires lots proposing the use of an on-site sewage facility (OSSF) to have a minimum usable area of at least one acre excluding areas in floodplains, drainage and flowage easements and areas having topographical limitations as regulated under the standards for OSSFs in the Texas Administrative Code Chapter 285. The usable area calculation may be slightly under one acre on a few lots pending a full drainage/hydrology study, which will be required at the time of construction. 3. Zoning Ord. No. 480, as amended, Exhibit 43-C requires a 15’ Type ‘Q’ bufferyard along Davis Blvd. (F.M. 1938). Lots 1, 2, 4, 5 and 7 five (5) lots shall be as shown with no landscape buffer along Davis Boulevard. 4. Zoning Ordinance No. 480, Section 43.9.c.1(f) requires that “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 masonry materials of the building, wrought iron or living plant material. It shall not run in a straight line without being off-set by a minimum of 6 feet every 60 feet. It shall be located no closer than one-half the width of the required bufferyard.” Lots 1, 2, 4, 5 and 7 shall be shown with no screening requirement, however, if a property owner desires to construct a fence along or parallel to FM 1938, it shall comply with the ordinance. MODIFICATIONS REQUESTED: 1. Subdivision Ordinance No. 483, as amended, Section 5.04 prohibits private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. Maranatha Way is to be a private street internal to the development with a 32’ back of curb to back of curb pavement width in a 32’ Emergency Access, Common Access, Drainage and Utility Easement. The 32’ Emergency Access, Common Access, Drainage and Utility Easement shall be dedicated to and maintained by the HOA. Case No. ZA19-0008 2. The off-site portion of Maranatha Way shall be re-constructed to include a twenty-four (24) foot wide paving section within the existing Sixty (60) foot Right-of-Way and related utilities. 3. Subdivision Ordinance No. 483, as amended, requires that all side lot lines shall be perpendicular to the right-of-way or radial in the case of a cul-de-sac or curvilinear design. Side lot lines shall be as shown on the Development Plan. 4. Subdivision Ordinance No. 483, as amended, requires cul-de-sacs to not exceed 1,000 feet. Maranatha Way shall be as shown on the Development Plan. 5. Subdivision Ordinance No. 483, as amended, limits cul-de-sacs to no more than twenty (20) lots total. This development shall include thirteen (13) lots as shown on the Development Plan which, if included with the existing ten (10) lots, totals twenty-three (23). 6. Subdivision Ordinance No. 483, as amended, requires 5’ sidewalks along residential lots. Lots 1 through 13 will be as shown on the Development Plan with no sidewalks. The Planning and Zoning Commission recommended approval of the item (6-0) at their August 22, 2019 meeting with the following notations: P&Z Commission Conditions Applicant’s Response Present alternate plans showing sidewalks along Maranatha Way and internal to the development. The applicant is proposing no sidewalks along Maranatha Way or internal to the development. The private street will not be gated. The applicant has stated that the street will not be gated. There have been no changes to the plans or regulations. The mailbox will have a masonry structure. The applicant has stated that a revised mailbox exhibit will be provided at or before the City Council meeting. Noting the applicant’s willingness to talk to the neighbors to the east regarding fencing options and drainage. No response. No volume builders or asphalt shingles. The applicant has submitted design guidelines. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 5, dated August 22, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-762 Link to Presentation Link to Narrative Letter Link to “R-PUD” Regulations and Modification Request Letter Case No. ZA19-0008 Link to Plans Link to Tarrant County Public Health OSSF letter with Design Plans Link to Design Guidelines Link to Draft Bylaws and CC&Rs Link to 2035 Corridor Planning Committee report dated November 14, 2018 Link to SPIN report dated October 9, 2018 STAFF CONTACT: Dennis Killough (817) 748-8072 Richard Schell (817) 748-8602 Case No. Attachment A ZA19-0008 Page 1 BACKGROUND INFORMATION OWNER: SRI Southlake Villas, LLC APPLICANT: Trium Development Partners, LLC PROPERTY SITUATION: Generally located on the east side of Davis Blvd. (F,M. 1938) approximately 1,200 feet north of the intersection with Randol Mill Ave. and addressed as 1719 and 1825 Maranatha Way and 208 Randol Mill Ave. LEGAL DESCRIPTION: Tracts 2A03, 2A03A1, 2A03B, 2A05 and 2A03A, William H. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District and “SF-1B” Single Family Residential District. PROPOSED ZONING: “R-PUD” Residential Planned Unit Development District. HISTORY: - A 60’ right of way for Maranatha Way was dedicated to the public on February 13, 1981 (Vol. 7073, Page 1116, Public Records, Tarrant County, Texas). - The property was annexed into the City in 1987 and given the “AG” Agricultural zoning designation. - The existing home at 1825 Maranatha Way was built in 1988 (Source: TAD). The following cases were approved for properties that abut Maranatha Way to the south of the proposed development. The plats for these properties all contain the following note: “Maranatha Way has been dedicated to the public by deed in 1981 (Volume 7073, Page 1116), but not formally accepted by the City of Southlake. Maranatha Way is a private street and is to be maintained by the adjoining property owners.” - A Zoning Change (ZA95-088) from “AG” Agricultural District to “SF-1B” Single Family Residential District was approved by City Council on November 7, 1995. - A Zoning Change (ZA05-118) from “AG” Agricultural District to “SF-1A” Single Family Residential District was approved on January 3, 2006 for the four lots on Maranatha Way to the south of the proposed development on property currently addressed as 1710 to 1720 Maranatha Way. A Plat Showing (ZA05-119) for Lots 1-4, W. Winn No. 1660 Addition was approved January 3, 2006 and filed January 23, 2006. - A Zoning Change and Concept Plan (ZA14-018) from “AG” Agricultural District to “SF-1A” Single Family Residential District was approved on May 20, 2014 for the lot on Maranatha Way to the south of the proposed development on property currently addressed as 1711 Maranatha Way. A Plat Showing (ZA14-019) for Lot 5, W. Winn No. 1660 Addition was Case No. Attachment A ZA19-0008 Page 2 approved April 29, 2015 and filed June 8, 2015. - A Zoning Change and Concept Plan (ZA18-012) from “AG” Agricultural District to “SF-2” Single Family Residential District was approved on September 4, 2018 for the lot on Maranatha Way to the south of the proposed development on property currently addressed as 1705 Maranatha Way. A Plat Showing (ZA18-013) for Lot 6, W. Winn No. 1660 Addition was approved February 22, 2018 and filed November 7, 2018. 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. 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 rights-of-way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future ≥8’ multi-use trail along Davis Blvd. The 8’ trail was constructed with the expansion of Davis Blvd. Subdivision Ordinance No. 483, as amended, require 5’ sidewalks along residential streets. A modification is requested to allow no sidewalks in the subdivision. There are currently no sidewalks along Maranatha Way, which is a private street in a public right of way. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site proposes one access from Maranatha Way, which is a private road in a public right of way that extends north from Randol Mill Ave. A 60’ wide right of way for Maranatha Way was dedicated to the public on February 13, 1981 (Vol. 7073, Page 1116, Public Records, Tarrant County, Texas). The City has not accepted the right of way and Maranatha Way is a private street to be maintained by the adjoining property owners. The developer is proposing to improve the portion of Maranatha Way from Randol Mill Ave. to the subject property to a 24’ paving width. Traffic Impact A Traffic Impact Analysis (TIA) was not required for the proposed development. Use Area/Units Vtpd* AM-AM-PM-PM- Case No. Attachment A ZA19-0008 Page 3 IN OUT IN OUT ITE Code (210) Single Family Detached 13 124 3 7 8 5 * 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: There is approximately 32% of existing tree canopy coverage on the site and the Tree Preservation Plan and the Tree Conservation Plan (aka Tree Conservation Analysis) show 44% of the existing tree canopy to be preserved. In a standard zoning district, 60% of the existing tree canopy coverage would be required to 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 (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 procedures pursuant to this Ordinance. UTILITIES: An 8” water line will be constructed in Maranatha Way to serve the property. The connection to the 30” water line in Davis Blvd. (F.M. 1938) that is shown on the Utility Plan is not permitted. City sewer is not available to the property and the applicant has been unable to gain access to the existing sewer in the Quail Hollow subdivision in Westlake to the north. The applicant has submitted a site analysis with typical septic system types shown. Tarrant County Public Case No. Attachment A ZA19-0008 Page 4 Health has given preliminary approval of the analysis and plans submitted (see letter submitted). DRAINAGE: Existing and proposed drainage is from the south of the property east of Maranatha Way and from the west under Davis Blvd. from the Vaquero subdivision in Westlake to an existing creek and ponds that carry the water to the Quail Hollow subdivision in Westlake to the north. CITIZEN INPUT/ BOARD REVIEW: A 2035 Corridor Planning meeting for this project was held on November 14, 2018. Link to 2035 Corridor Planning Committee report A SPIN meeting is scheduled for October 9, 2018. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: August 22, 2019; Approved (6-0) subject to the staff report dated August 22, 2019 and Development Plan Review Summary No. 5, dated August 22, 2019, subject to and noting the applicant’s willingness to do the following: 1. Present an alternate plan to City Council that addresses two things with respect to the sidewalk: an alternate plan that has a sidewalk schematic mapping through Maranatha Way and another plan with the interior of the proposed development having sidewalks; 2. Securing that there will be no gates no matter how ornate; 3. The mailbox will have a masonry structure and will not look like it presently does in the presentation; 4. Noting the applicant’s willingness to talk to the neighbors to the east regarding fencing options and drainage; 5. No volume builders or asphalt shingles. STAFF COMMENTS: Attached is Development Plan Review Summary No. 5, dated August 22, 2019. Planned Unit Development Modification Criteria in Subdivision Ordinance No. 483, as amended: Section 9.01 Modifications and Variations: 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 specifically apply to Planned Unit Development. Case No. Attachment A ZA19-0008 Page 5 APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor Overlay fence requirements along F.M. 1938 Building Articulation N Masonry Standards N Impervious Coverage N Bufferyards Y “R-PUD” regulation added Interior Landscape N Tree Preservation Y Approved with “R-PUD” zoning Sidewalks Y Modification requested Case No. Attachment B ZA19-0008 Page 1 Case No. Attachment C ZA19-0008 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA19-0008 Review No.: Five Date of Review: 08/22/19 Project Name: Development Plan – Maranatha Residential APPLICANT: Dan Anderson OWNER: Narender Kasarla Trium Development Partners, LLC SRI Southlake Villas, LLC 5813 Elderwood Dr. 805 Glen Abbey Dr. Dallas, TX 75230 Southlake, TX 76092 Phone: (214) 675-8411 Phone: (860) 218-4574 E-mail: dbanderson@sbcglobal.net E-mail: nrkasarla@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/26/19 AND 08/22/19 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. * Additional review comments may be added on subsequent submittals. * A Preliminary Plat that conforms to the underlying zoning must be processed and approved and then a Final Plat must be processed, approved and recorded prior to the conveyance of any lots or the issuance of any building permits. The Final Plat must be approved by the Planning and Zoning Commission prior to the execution of a developer’s agreement and commencement of any site work. Add a note to the Preliminary and Final Plats stating that Lot 1X (or whatever you name it), the 32’ Emergency Access, Common Access, Drainage and Utility Easement, is to be dedicated to and maintained by the HOA. * The applicant has not been able to gain access to F.M. 1938 for a street entrance, so this review is based on the plan submitted with no access to or from F.M. 1938, but with a 32’ Emergency Access, Common Access, Drainage and Utility Easement shown for a possible future connection. * Per Zoning Ordinance No. 480, as amended, Section 33.14, for properties proposing an on- site sewage facility, a plan is required that shows the type and location of the on-site sewage facility, topography on the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the Authorized Agent responsible for on-site sewage facility permitting and inspections. The applicant has submitted a site analysis with typical septic system types shown. Tarrant County Public Health has given preliminary approval of the analysis and plans submitted (see letter submitted). 1. The private road is proposed to be 31’ face to face with curb and gutter, which is 32’ back of curb to back of curb. There is no place for franchise or city utilities outside of the pavement. Typically, when an R-PUD proposes less than the required 50' right of way dedication with a private street, the private street lot is 40' wide and then there is a 5' Pedestrian Access, Drainage Access and Utility Easement dedicated along each side to equal the 50’ right of way width and to provide an area for sidewalks and utilities. The applicant has indicated that the private street will be placed in a separate lot in the location of the 32’ with Emergency Access, Private Access, Drainage and Utility Easement shown on the plans. Please make the following changes to the plans. Case No. Attachment C ZA19-0008 Page 2 a. Please dedicate 10' Drainage and Utility easements along each side of the 32’ easement. b. Please assign a lot number for the street lot (such as Lot 1X), show the lot number and area on the face of the plan and and correct the lot areas on the residential lots to exclude the area in the street lot. 2. Change the 32’ Access and Utility Easement to a 32’ Emergency Access, Private Access, Drainage and Utility Easement. Please revise all plans to show the 32’ Emergency Access, Private Access, Drainage and Utility Easement including the possible future connection to FM 1938. The applicant has indicated that Maranatha Way internal to the development will be placed in a separate lot to be dedicated to and maintained by the HOA. 3. Per Zoning Ordinance No. 480, as amended, Section 33.14, the applicant must demonstrate that all lots meet the minimum one acre of usable area requirement for septic systems excluding the portions of each lot that are in drainage easements, floodplain, with topographical limitations and in the 32’ easements for Maranatha Way. Please correct the exhibit showing the area of each lot excluding the portions in drainage easements and in the 32’ easement for Maranatha Way. The areas in color on each lot should follow the drainage easement lines and not encroach into the drainage easements. The areas on each lot must match the areas shown in color. An R-PUD regulation has been added to allow some of the lots to have a usable area of less than one acre pending a full drainage and hydrology study, which will be required at the time of construction. 4. Subdivisions proposing septic systems are required to dry pipe a sewer system unless otherwise approved by City Council. Please provide a utility plan that includes the dry pipe system. The applicant will request relief from this requirement at the meeting. 5. Revise the existing zoning to AG and SF-1B in the Site Data Table on the Development Plan (sheet SP-1). 6. Subdivision Ord. No. 483, as amended, Section 3.02.D.27 requires a 50’ building setback on F.M. 1938 (Davis Blvd. Please correct the plan to show a 50’ building line. 7. Please make the following changes to the Development Regulations in the R-PUD Regulations document: a. Provide a management and maintenance plan for Maranatha Way and state that the 32’ Emergency Access, Common Access, Drainage and Utility Easement is dedicated to and maintained by the HOA. This language must be in the “R-PUD” zoning regulations and on the plat and not just in the CC&R’s. * Zoning Ord. No. 480, Section 43, Exhibit 43-C requires a 15’ Type Q bufferyard along F.M. 1938. The applicant has added an R-PUD regulation proposing no bufferyard adjacent to F.M. 1938. * The “R-PUD” zoning district requires common open space shall comprise not less than ten (10) percent of the gross site area. The amount of said open space may be varied downward by the City Council when a lesser amount of such open space would be more appropriate to the density of development or size of families or households proposed in a project, or where the availability and nature of adjacent public open space is such that a lesser amount of common open space would adequately protect the health, safety and welfare and promote the orderly development of residential uses. Land required for common open space shall not Case No. Attachment C ZA19-0008 Page 3 include areas in retention and detention ponds of drainage easements in excess of 25% of the total open space. The applicant has added a regulation proposing that the plan shall be as shown with no common open space. * The fencing regulations specifying a 6’ ornamental metal fence in the front, side and rear yards are in the CC&R’s and not in the R-PUD zoning. * Add the note below to the associated plat(s) if the zoning is approved. a. No lot within this addition shall be allowed driveway access onto Davis Blvd. F.M. 1938. * The USPS may require a cluster mailbox or mailboxes. A location for the cluster mailboxes and four parking spaces is shown on the Development Plan. An exhibit of the cluster mailbox has been provided. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Provide a symbol for marginal trees in the legend on the Tree Preservation Plan and show those trees on the plan. Provide the percentage of canopy of the Marginal trees in the charts on the Tree Preservation Plan and the Tree Conservation Plan (aka Tree Conservation Analysis). The percentage of preserved trees, marginal trees and trees to be removed must sum to 100%. Change the wording for marginal trees in the legends to state “Existing marginal trees to be preserved if possible but may be removed”. 2. There is approximately 32% of existing tree canopy coverage on the site and the Tree Preservation Plan and the Tree Conservation Plan (aka Tree Conservation Analysis) show 44% of the existing tree canopy to remain. In a standard zoning district, 60% of the existing tree canopy coverage would be required to be preserved. * 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 ZA19-0008 Page 4 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 procedures 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. Case No. Attachment C ZA19-0008 Page 5 LANDSCAPE COMMENTS: * The applicant is requesting a variance to the bufferyards regulations which requires a 15 – Q type bufferyard adjacent to Davis Boulevard, and proposing to utilize the existing tree preservation as screening. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Brent Anderson, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: baanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. ROADWAY AND ACCESS COMMENTS: 2. 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. 3. Detention ponds shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. * 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. DRAINAGE COMMENTS: 1. Required with construction plans - Submit hydrologic and hydraulic study to demonstrate the pre- and post-development drainage conditions and constraints of this site. The study should adhere to City of Southlake standards for drainage design and must account for the interconnectivity of the ponds and tail water effects. Study should identify the 100-year water surface elevations and drainage easements delineated to provide the required freeboard. 2. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 2, 10 and 100-year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. 3. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed Case No. Attachment C ZA19-0008 Page 6 pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Calculations will be required to verify capacity of all drainage structures. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. UTILITY PLAN COMMENTS: 1. Dry sewer pipe system shall be installed for future use if not providing sewer per Ordinance No. 440 and 514. Provide sewer taps for each lot. 2. The connection to the 30” water in Davis Blvd. (F.M. 1938 is not permitted. Please revise the plan. 3. Civil construction plans shall require finish floor elevations shown on the sanitary sewer plan and profile sheets. Plans shall include addresses for future reference when sewer is extended to this development. * Minimum size for water lines and sanitary sewer is 8”. * Sanitary sewer main locations to this site are further than 100’. Development shall require septic systems. Refer to Tarrant County website for requirements. * 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. * Water meters and fire hydrants shall be located in an easement or right of way. * Water lines and sanitary sewer in easements or right of way shall be constructed to City standard. * Fire lines shall be separate from service lines. INFORMATIONAL COMMENTS: * Submit 22”x34” final sealed 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 * 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. Case No. Attachment C ZA19-0008 Page 7 * 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 require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * 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 Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments * A SPIN meeting for this project was held on October 9, 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. * All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). Case No. Attachment C ZA19-0008 Page 8 * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. See the specific screening and fencing requirements along F.M. 1938. * New subdivisions must comply with Subdivision Ord. No. 483, as amended, Section 8.05 regarding utilities. * 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 ZA19-0008 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. GALLANT, LARRY J AG 1800 OUR LN 1.13 NR 2. GALLANT, LARRY J AG 1712 RANDOL MILL AVE 0.82 NR 3. GALLANT, LARRY J AG 1710 RANDOL MILL AVE 0.40 NR 4. PRUITT, GERALD AG 1730 MARANATHA WAY 0.53 NR 5. SRI SOUTHLAKE VILLAS LLC SF1-B 1719 MARANATHA WAY 0.27 NR 6. SRI SOUTHLAKE VILLAS LLC AG 1825 MARANATHA WAY 0.23 NR 7. DSC FAMILY TRUST SF1-A 1720 MARANATHA WAY 1.34 NR 8. SRI SOUTHLAKE VILLAS LLC SF1-B 1719 MARANATHA WAY 2.88 NR 9. PATTERSON, MONTY SF1-A 1711 MARANATHA WAY 4.08 NR 10. OEVELEN, TOM SF1-A 1801 OUR LN 1.20 F 11. SPURIA, DAVID SF1-A 1880 RANDOL MILL AVE 3.11 NR 12. SRI SOUTHLAKE VILLAS LLC AG 208 RANDOL MILL AVE 10.75 NR 13. GALLANT, LARRY J SF30 1814 OUR LN 0.79 NR 14. SRI SOUTHLAKE VILLAS LLC AG 1825 MARANATHA WAY 2.85 NR 15. PRUITT, GERALD AG 1730 MARANATHA WAY 1.90 NR Case No. Attachment D ZA19-0008 Page 2 16. WAUGH, ROBERT SF1-A 1700 RANDOL MILL AVE 1.98 NR 17. GALLANT, LARRY J AG 1800 OUR LN 0.84 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eight (8) Responses received: One (1) attached Case No. Attachment D ZA19-0008 Page 3 Case No. Attachment E ZA19-0008 Page 1 Ordinance No. 480-762 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 2A03, 2A03A1, 2A03B, 2A05 AND 2A03A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 18.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “SF-1B” 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 an d Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural Case No. Attachment E ZA19-0008 Page 2 District and “SF-1B” 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 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 ZA19-0008 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 als o 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, 1 989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas Case No. Attachment E ZA19-0008 Page 4 be altered, changed and amended as shown and described below: Being described as Tracts 2A03, 2A03A1, 2A03B, 2A05 and 2A03A, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 18.35 acres and being more particularly described in Exhibit “A” from “AG” Agricultural District and “SF-1B” Light Industrial 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 s aid 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 purp ose 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 Case No. Attachment E ZA19-0008 Page 5 commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 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 t he 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 offen se. 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 an y other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, Case No. Attachment E ZA19-0008 Page 6 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. 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 Case No. Attachment E ZA19-0008 Page 7 PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0008 Page 8 EXHIBIT “A” Being described as Tracts 2A03, 2A03A1, 2A03B, 2A05 and 2A03A, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 18.35 acres and being more particularly described as follows: Reserved Metes and Bounds Description Case No. Attachment E ZA19-0008 Page 9 EXHIBIT “B” Reserved for approved Development Plan