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Item 9 - The CanopyCase No. ZA19-0071 S T A F F R E P O R T November 15, 2019 CASE NO: ZA19-0071 PROJECT: Zoning Change and Concept Plan for The Canopy EXECUTIVE SUMMARY: On behalf of Shady Lane MF Southlake, LLC , Hat Creek Development is requesting approval of a Zoning Change and Concept Plan for The Canopy on property described as Tract 2A02, Samuel Freeman Survey, Abstract No. 525, Southlake, Tarrant County, Texas and located at 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal District), Southlake, Texas. Current Zoning: “AG” Agricultural District and “SF-1A” Single Family Residential District. Requested Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #4. DETAILS: The purpose of this request is to seek approval of a Zoning Change and Concept Plan for seven residential lots on approximately 8.237 acres. A private street meeting City standards for a local street is proposed internal to the development. Access to the development is proposed from Shady Lane, which is a local street, via a private access driveway to be reconstructed to a 24’ paved width per the Fire Marshal’s standards. Site Data Summary Land Use Designation Low Density Residential Existing Zoning “AG” and “SF-1A” Proposed Zoning “SF-1A” Gross Acreage 8.237 ac. Net Acreage 7.147 ac. # of Residential Lots 7 Gross Density 0.85 du/ac. Net Density 0.98 du/ac. Average Lot Area 1.02 ac. (44,475 sf) VARIANCES REQUESTED: 1. Variance to Tree Preservation Ordinance No. 585-E. The required canopy to be preserved is 70% based on the 14.43% of existing tree cover and approximately 60.13% is proposed to be preserved. A variance is requested. 2. Subdivision Ordinance No. 483, as amended, Section 5.04 prohibits private streets in new subdivisions in which less than 75% of the lots Case No. ZA19-0071 contain homeowner occupied structures. A private driveway internal to the development with a 31’ wide back of curb to back of curb paving section in a 50’ Emergency Access, Common Access, Drainage and Utility Easement is proposed. The 50’ Emergency Access, Common Access, Drainage and Utility Easement shall be dedicated to and maintained by the HOA. The off-site portion of the access driveway shall be re-constructed to include a twenty-four (24) foot wide paving section to meet the Fire Marshal’s requirements within an existing and proposed 30’ ingress/egress/access easement. 3. Subdivision Ordinance No. 483, as amended, Section 8.01.D 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. A variance is requested to allow the side lot lines as shown. 4. Subdivision Ordinance No. 483, as amended, Section 5.03.I requires cul- de-sacs to not exceed 1,000 feet. A variance is requested to allow the cul-de-sac as shown. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated November 15, 2019 (D) Surrounding Property Owners Map & Responses Full Size Plans (for Commission and Council members only) Presentation Variance Request Letter Plans 2035 Corridor Planning Committee Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA19-0071 Page 1 BACKGROUND INFORMATION OWNER: Shady Lane MF Southlake, LLC APPLICANT: Hat Creek Development PROPERTY SITUATION: 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal District) LEGAL DESCRIPTION: Tract 2A02, Samuel Freeman Survey, Abstract No. 525 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single Family Residential District PROPOSED ZONING: “SF-1A” Single Family Residential District HISTORY: - There is no development history on this property. - The “SF-1A” Single Family Residential District zoning was places on the portion of the property in the 65’ LDN D/FW Regional Airport Overlay Zone with the adoption of Zoning Ordinance 480 and the Official Zoning Map in 1989. 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 Five foot (5’) sidewalks are required along both sides of local residential streets and the 5’ sidewalks are shown on the plan internal to the development. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions A private street meeting City standards for a local street is proposed internal to the development. Access to the development is proposed from Shady Lane, which is a local street, via a private access driveway to be reconstructed to a 24’ paved width per the Fire Marsal’s standards. Case No. Attachment A ZA19-0071 Page 2 Traffic Impact A Traffic Impact Analysis is not required for this development. TREE PRESERVATION: The development is subject to Tree Preservation Ordinance No. 585-E since it is being rezoned. The proposed tree preservation does not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 14.43% of existing tree cover within the proposed development and 70% of the existing tree cover is required to be preserved. A variance is requested to preserve 60.13% of the existing tree cover. The percentage of preserved canopy will decrease once the review comments regarding drainage and utilities have been addressed. UTILITIES: The property is to be served by an extension of an 8” water line through the proposed Next Century Health Care Plaza to the south (ZA19-0070) an existing 8” sewer line that runs across the northern boundary of the proposed Next Century Health Care Plaza property. DRAINAGE: Drainage will flow to three proposed detention ponds at the northeast and southwest portions of the property. CITIZEN INPUT: A SPIN meeting is scheduled for December 10, 2019. A 2035 Corridor Planning Committee meeting was held on November 14, 2018. A meeting report is attached separately. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated November 15, 2019. The variance criteria for Tree Preservation Ordinance No. 585-E are below: 15. 2 VARIANCES: a. The City Council may authorize a variance to any provision of this Ordinance following a recommendation from the Planning and Zoning Commission. A request for a variance to any provision in this Ordinance shall be accompanied by a Tree Conservation Analysis or Tree Conservation Plan as outlined in Article 6, or other documentation requested by the Administrative Official, and the following factors shall be considered in evaluating the variance request: i. Whether a literal enforcement of the Ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; ii. Whether the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed; iii. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; iv. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; V. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site; Case No. Attachment A ZA19-0071 Page 3 vi. Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture retention, flow of surface water, and drainage systems; vii. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non- residential uses; viii. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees; ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; x. Whether the alteration adversely affects the public health, safety or welfare; and xi. Whether the granting of the variance will be in harmony with the spirit and purpose of this Ordinance to the greatest degree reasonably possible. The variance criteria for Subdivision Ordinance No. 483 are below: Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Case No. Attachment B ZA19-0071 Page 1 Case No. Attachment C ZA19-0071 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA19-0071 Review No.: Two Date of Review: 11/15/19 Project Name: Concept Plan – The Canopy APPLICANT: Kosse Maykus OWNER: Mike Faulkner, Jr. Hat Creek Development Shady Lane MF Southlake, LLC P.O. Box 92747 2420 Oakbend Ct. Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 329-3854 Phone: (214) 794-3535 E-mail: kosse@maykus.com E-mail: lonesomedoveceo@aol.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/12/19 AND W E 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. * 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. 1. Add the owners’ names to the adjacent properties. 2. Show, label and dimension the width of the right of way and traveled roadway (Shady Ln) on or adjacent to the site. Also, show the existing driveways to the properties to the north and west. 3. Show, label and dimension the width of any easements on or adjacent to the site, if any. 4. The lot that contains the driveway access on the site will be an open space lot (Lot 1X) that is to be dedicated and maintained by the HOA. The lot area (47,477 s.f.) equals 1.09 ac. The please change the net acreage in the chart to 7.147 ac. Add columns for gross density (0.85 du/ac.) and net density (0.98 du/ac.). 5. Label and dimension the widths of the proposed paved driveway (off-site at 24’) and private street (on-site at 31’ back of curb). * The Tree Conservation Plan as shown does not comply with the requirements in Tree Preservation Ordinance No. 585-E. The required canopy to be preserved is 70% based on the 14.43% of existing tree cover and approximately 60.13% is proposed to be preserved. A variance is requested. * The plan as shown does not comply with the following requirements in Subdivision Ordinance No. 483, as amended. The following variances are 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. A private driveway internal to the development with a 31’ wide back of curb Case No. Attachment C ZA19-0071 Page 2 to back of curb paving section in a 50’ Emergency Access, Common Access, Drainage and Utility Easement is proposed. The 50’ Emergency Access, Common Access, Drainage and Utility Easement shall be dedicated to and maintained by the HOA. The off-site portion of the access driveway shall be re-constructed to include a twenty-four (24) foot wide paving section to meet the Fire Marshal’s requirements within an existing and proposed 30’ ingress/egress/access easement. 2. Subdivision Ordinance No. 483, as amended, Section 8.01.D 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. 3. Subdivision Ordinance No. 483, as amended, Section 5.03.I requires cul-de-sacs to not exceed 1,000 feet. * Provide drainage easements for the retention/detention ponds. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Please show all proposed utilities on the Tree Conservation Plan. 2. The designated protected trees 1761 and 1762 are within a 20’ Drainage Easement on Lot 5, where a 24” storm drain and the east detention area are proposed. The construction of the storm drain and the detention area will alter the trees designated to be preserved. The designated protected trees along the east and north sides of Lot 4 may also be altered by the construction of the detention area. 3. The designated protected trees 1755, 1756, 1757, 1758, 1759, 1789, 1790, and 1791 are within a proposed water line easement on Lot 5, where an 8” water line is proposed to be installed. The construction of the water line will alter the trees designated to be preserved. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portio n of the tree’s root system; severing the main trunk of the tree; inflicting damage upon the tree’s root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. Trenching: No trenching shall cross the critical root zone of any protected tree, unless approved in writing by the Administrative Official or exempted from the application of this Ordinance. Case No. Attachment C ZA19-0071 Page 3 Trenching within the critical root zone shall require the issuance of a tree permit. The placement of underground utility lines is encouraged to be located outside of the critical root zone of protected trees. 4. The proposed tree preservation does not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 14.43% of existing tree cover within the proposed development and 70% of the existing tree cover is required to be preserved. A variance is requested to preserve 60.13% of the existing tree cover. Please revise the plan to account for the utilities as noted above and revise the variance request. The 28.88% of tree cover designated as Marginal is included within the total amount of existing tree cover to be removed. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment C ZA19-0071 Page 4 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Utilities: 1. Connect proposed water line in cul-de-sac to existing water line to the south of Lot 5. Drainage: 1. Detention outfall from Lot 4 can not create adverse impact to adjacent properties. 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 is scheduled for December 10, 2019. * 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. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building perm it 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 ZA19-0071 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. FUSELLA, ROBERT A SF1-A 399 SHADY LN 4.07 NR 2. BONOLA FAMILY LTD PRTNSHP C3 2540 E SH 114 5.64 NR 3. FUSELLA, ROBERT A AG 409 SHADY LN 3.69 NR 4. BARBARIA, DHIRAJLAL SF1-A 435 SHADY LN 1.88 NR 5. SOUTHLAKE PROPERTY MANAGEMENT C3 2680 E SH 114 1.25 NR 6. BONOLA FAMILY LTD PRTNSHP C3 2600 E SH 114 1.15 NR 7. LANCE, CAROL ANN AG 413 SHADY LN 2.85 NR 8. ROGERS, JANET E SF1-A 425 SHADY LN 1.95 NR 9. CLARY, HELEN SF1-A 415 SHADY LN 1.88 NR 10. GUILER, CAROL SF1-A 405 SHADY LN 2.08 NR 11. 305 MORRISON PARK DRIVE LLC SP2 305 MORRISON PARK DR 1.65 NR 12. SAM 114 TWO LLC SP2 320 MORRISON PARK DR 0.52 NR 13. SAM 114 TWO LLC SP2 330 MORRISON PARK DR 0.46 NR 14. SAM 114 TWO LLC SP2 325 MORRISON PARK DR 0.51 NR 15. ANCOR REALTY 2720 LLC SP2 2720 E SH 114 1.52 NR 16. 100 EAST MIDWAY LLC AG 395 SHADY LN 8.66 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twelve (12) Responses Received: None (0)