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Item 6ACase No. ZA20-0052 S T A F F R E P O R T December 29, 2020 CASE NO: ZA20-0052 PROJECT: 2311 Lonesome Dove Ave. Zoning Change and Concept Plan EXECUTIVE SUMMARY: On behalf of Gazim Idoski, VPGray Investments is requesting 2nd Reading approval of a Zoning Change and Concept Plan for 2311 Lonesome Dove Rd. on property described as Lot 1, L. Lincoln No. 981 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2311 Lonesome Dove Rd., Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF-1A" Single Family Residential District. Spin Neighborhood #2. REQUEST: The applicant is requesting 2nd Reading approval of a Zoning Change and Concept Plan to allow the construction of one residence on an approximately 1.002 acre (43,644 sq. ft.) lot in conformance with the “SF-1A” zoning district, which requires a minimum lot area of one acre (43,560 sq. ft.). ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Concept Plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated November 12, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-775 Link to Presentation Link to Plans STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0052 Page 1 BACKGROUND INFORMATION OWNER: Gazim Idoski APPLICANT: VPGray INvestments PROPERTY SITUATION: 2311 Lonesome Dove Rd. LEGAL DESCRIPTION: Lot 1, L. Lincoln No. 981 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “SF-1A” Single Family Residential District HISTORY: - A portion of the property was annexed into the City in 1970 and given the “AG” Agricultural District zoning designation. - The other portion of the property was included in the boundary adjustment between the Cities of Grapevine and Southlake that was approved by City Council on May 7, 2019 (Res. No. 19-005). Because the portion of the property was previously located in Grapevine, no adopted future land use designation had been applied. A Land Use Plan amendment (CP19-0002) to apply a land use designation of Low Density Residential to the portion of the property that was previously in Grapevine was approved by City Council on September 3, 2019. - A one lot plat showing for Lot 1, L. Lincoln No. 981 Addition was approved September 25, 2019 and filed October 17, 2019. - A request for a Variance (ZBA20-0010) to Zoning Ordinance No. 480, as amended, Section 9.5.e requiring the maximum lot coverage to not exceed 10% of the lot area to allow a lot coverage of approximately 15% to construct a new home on the property was denied by the Zoning Board of Adjustment on September 10, 2020. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential. Purpose: The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. Definition: The Low Density Residential category is for detached single- family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Case No. Attachment A ZA20-0052 Page 2 Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows no pathways adjacent to the property, so 5’ sidewalks are required to be constructed along both rights of way with new home construction. Master Thoroughfare Plan The Master Thoroughfare Plan shows Lonesome Dove Rd. as local street. Adequate right of way is shown on the plat for Lot 1, L. Lincoln No. 981 Addition. Foxfire Ln. is a local street in the City of Grapevine. TRANSPORTATION ASSESSMENT: There is one existing driveway onto Lonesome Dove Rd. The Concept Plan shows one residential driveway onto Foxfire Ln. and no driveways onto Lonesome Dove Rd. TREE PRESERVATION: There is 13.3% of existing tree cover on the property and a minimum of 70% of the existing tree cover is required to be preserved. 100% of the existing tree cover is proposed to be preserved. The proposed tree conservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. DRAINAGE: The property is generally flat, so the grading plan submitted with a permit for a new home must show that any existing runoff to adjacent properties, if any, will not be increased. UTILITIES: An 8” water line and an 8” sewer line exists in Lonesome Dove Ave. to serve the property. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION ACTION: November 19, 2020; Approved (6-0) subject to the staff report dated November 13, 2020 and Concept Plan Review Summary No. 2, dated November 12, 2020. CITY COUNCIL ACTION: December 1, 2020; Approved on consent at 1st reading (7-0). STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated November 12, 2020. Case No. Attachment B ZA20-0052 Page 1 Case No. Attachment C ZA20-0052 Page 1 CONCEPT PLAN REVIEW Case No.: ZA20-0052 Review No.: Two Date of Review: 11/12/20 Project Name: Zoning Change and Concept Plan – 2311 Lonesome Dove Rd. APPLICANT: Patrick Gray OWNER: Gazim Idoski VPGray Investments P.O. Box 92481 3312 Alexandria Ct. Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 992-4950 Phone: (817) 657-0234 E-mail: vpgray@gmail.com E-mail: aeddfw@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/28/20 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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. * All previous Planning comments have been addressed. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The proposed tree conservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 13.3% of existing tree cover on the property and a minimum of 70% of the existing tree cover is required to be preserved. 100% of the existing tree cover is proposed 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 un preserved under this section. Case No. Attachment C ZA20-0052 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 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. General Informational Comments * Staff strongly recommends contacting Jerod Potts in the Planning and Development Services Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748-8195 or by e-mail at jpotts@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * A separate building permit is required prior to construction of any signs. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * All lighting must comply with the Lighting Ordinance No. 693, as amended. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 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 fully corrected concept 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 Case No. Attachment C ZA20-0052 Page 3 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 ZA20-0052 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. BLACKWILL, MARY A SF1-A 1491 EMERALD CIR 1.21 NR 2. RPRL LIVING TRUST SF1-A 1490 EMERALD CIR 1.26 NR 3. IDOSKI, GAZIM AG 2311 LONESOME DOVE AVE 1.01 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Three (3) Responses received within 200’: None (0) Responses outside within 200’: Two (2) - Attached Case No. Attachment D ZA20-0052 Page 2 Case No. Attachment D ZA20-0052 Page 3 Case No. Attachment E ZA20-0052 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-775 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT 1, L. LINCOLN NO. 981 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.002 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA20-0052 Page 2 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 and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment E ZA20-0052 Page 3 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 legally described as Lot 1, L. Lincoln No. 981 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 1.002 acres, and described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Case No. Attachment E ZA20-0052 Page 4 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 said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar 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, Case No. Attachment E ZA20-0052 Page 5 Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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, Case No. Attachment E ZA20-0052 Page 6 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. Case No. Attachment E ZA20-0052 Page 7 PASSED AND APPROVED on the 1st reading the ____ day of ____, 2020. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2020. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0052 Page 8 Exhibit ‘A’ Being legally described as Lot 1, L. Lincoln No. 981 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument No. D219238136, Plat Records, Tarrant County, Texas, and being approximately 1.002 acres. Case No. Attachment E ZA20-0052 Page 9 Exhibit ‘B’ Reserved for approved Concept Plan