Loading...
Item 6B - Staff ReportCase No. ZA22-0059 S T A F F R E P O R T January 31, 2023 CASE NO: ZA22-0059 PROJECT: Zoning Change and Concept Plan for The Madhani Residence EXECUTIVE SUMMARY: Penta Builders, LLC, on behalf of Sohail Madhani, is requesting approval of a Zoning Change and Concept Plan on property described as Tract 8B, John J. Freshour Survey Abstract No. 521, located at 2260 Johnson Road, City of Southlake, Tarrant County, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #11. DETAILS: The property is located at the northwest corner of Johnson Road and Randal Mill Avenue. The purpose of this request is to seek approval of a zoning change to “SF-1A” Single Family Residential District and a concept plan for the 1.5-acre property for one single family residence. Site Data Summary Existing Zoning AG Proposed Zoning SF-1A Land Use Designation Low Density Residential Gross/Net Acreage 1.53 acre / 1.50 acre Residential Lots 1 Gross/Net Density 0.65 du/acre / 0.67 du/acre VARIANCE REQUEST: Tree Preservation Ordinance No. 585-E requires 70% of the tree canopy to be preserved based on 4.9% of existing tree cover and approximately 60.4% is proposed to be preserved. A variance is requested. Case No. ZA22-0059 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2nd Reading Approval of a Zoning & Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 3, dated December 22, 2022 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-797 PowerPoint Presentation Plans STAFF CONTACT: Dennis Killough (817) 748-8072 Jenny Crosby (817) 748-8195 Case No. Attachment A ZA22-0059 Page 1 BACKGROUND INFORMATION APPLICANT: Penta Builders, LLC OWNER: Sohail Madhani PROPERTY SITUATION: 2260 Johnson Road LEGAL DESCRIPTION: Tract 8B, John J. Freshour Survey Abstract No. 521 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “SF-1A” Single Family Residential District HISTORY: The subject property was annexed into the city on December 29, 1956 with Ordinance No. 32. 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. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan designates Randol Mill Ave. as a 6-lane 130-140 foot divided arterial roadway. Johnson Road is designated as a two-lane undivided collector with a 70-foot width. Pathways Master Plan & Sidewalk Plan There is an existing 6’ sidewalk along Randol Mill Ave. in conformance with the Pathways Master Plan. A sidewalk (5’ minimum) is required along Johnson Road and is shown on the concept plan. Case No. Attachment A ZA22-0059 Page 2 TREE PRESERVATION/ LANDSCAPE: There is 4.9% of existing tree cover on the property and a minimum of 70% of the tree cover is required to be preserved. A total of 39.6% of the existing tree cover is proposed to be removed and 60.4% is proposed to be preserved. A variance is requested. UTILITIES: There is an 8” sewer main along Johnson Road. There is an existing 12” water line along Randol Mill Ave and an existing 12” water line along Johnson Road. The existing water meter is located within the proposed driveway. The applicant is proposing to relocate the existing water meter outside of the proposed driveway. DRAINAGE: The property generally drains from the northwest to the southeast. CITIZEN INPUT: A SPIN or Corridor Planning Committee meeting has not been scheduled for this property. PLANNING AND ZONING COMMISSION ACTION: January 5, 2023; Approved (6-0), subject to Staff Report dated December 30, 2022, subject to the Plan Review Summary No. 3, dated December 22, 2022, and noting recommendation for approval of the tree variance requested. CITY COUNCIL ACTION: January 17, 2023; Approved (6-0) at 1st Reading on consent. STAFF COMMENTS: Attached is Plan Review Summary No. 3, dated December 22, 2022. Case No. Attachment B ZA22-0059 Page 1 Case No. Attachment C ZA22-0059 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA22-0059 Review No.: Three Date of Review: 12/22/22 Project Name: Zoning Change/Concept Plan – 2260 Johnson Road APPLICANT: OWNER: Penta Builders, LLC Sohail Madhani Contact: Bhima Penta 2401 Sawlmon Run Ln 1300 W. Walnut Hill Ln, Suite 175, Irving, TX 75038 Euless, TX Phone: 469-585-1888 Phone: 817-797-8501 Email: bpenta@gmail.com Email: sohailmadani@sbcglobal.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/22/2022 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 JENNY CROSBY AT (817) 748-8195 OR JCROSBY@CI.SOUTHLAKE.TX.US. Planning Review 1. Remove “by this plat” from the labels for the easements on the concept plan. Jenny Crosby, AICP Principal Planner Phone: (817) 748-8195 E-mail: jcrosby@ci.southlake.tx.us Tree Conservation/Landscape Review * The applicant is requesting a variance to the Existing Tree Cover Preservation Requirements because the proposed existing tree cover preservation does comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 4.9% of existing tree cover on the property and a minimum of 70% of the tree cover is required to be preserved. A total of 39.6% of the existing tree cover is proposed to be removed and 60.4% 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 under this section. Case No. Attachment C ZA22-0059 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. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: Applicant has addressed all comments. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA22-0059 Page 3 General Informational Comments * No review of proposed signs is intended with this plan. A separate building permit is required prior to construction of any signs. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat that conforms to the underlying zoning of the site 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 ZA22-0059 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 JOHNSON PLACE HMO ASSOC INC RPUD 2201 TOP RAIL LN 0.402680246 2 SPRINGER, BRUCE RPUD 305 CORRAL CT 0.312162791 3 REDDY, SOBHA RPUD 301 CORRAL CT 0.516002476 4 VAUGHN, WESLEY RPUD 300 CORRAL CT 0.302209647 5 AMERICAN HOMES 4 RENT PROPERTI RPUD 210 BOB-O-LINK DR 0.000531388 6 XU, BIQIANG RPUD 208 BOB-O-LINK DR 0.095525028 7 MILLENNIUM PROPERTY ACQUISITIO RPUD 206 BOB-O-LINK DR 0.157316814 8 HOOKSTRATTEN, JOANNA AG 2320 JOHNSON RD 0.793312305 9 HOOKSTRATTEN, JOANNA AG 2340 JOHNSON RD 0.686001844 10 HOOKSTRATTEN, JOANNA AG 2360 JOHNSON RD 0.166173836 11 ROBERT AND MAI WILLIAMS FAMILY RPUD 204 BOB-O-LINK DR 0.156620035 12 NG, BENJAMIN RPUD 202 BOB-O-LINK DR 0.158946853 13 TANDANG, PAULUS RPUD 200 BOB-O-LINK DR 0.158595267 14 PAPA, JOHN P RPUD 106 BOB-O-LINK CT 0.088278201 15 ALDINGER, ROGER SF1-A 2315 JOHNSON RD 0.231671728 16 ALDINGER, ROGER SF1-A 2325 JOHNSON RD 0.537052825 17 RICHARDSON, LEE SF1-A 2395 JOHNSON RD 0.044509821 18 BERKENBILE, STEPHEN SF1-A 2355 JOHNSON RD 0.380531557 19 ORTIZ, MONICA RPUD 104 BOB-O-LINK CT 0.000561491 20 LE, TRANG RPUD 212 BOB-O-LINK DR 0.341339584 Case No. Attachment D ZA22-0059 Page 2 21 DA VELLA, RONALD SF1-A 2405 JOHNSON RD 1.401145023 22 JOHNSON PLACE HMO ASSOC INC RPUD 320 CORRAL CT 0.106249755 23 CLINE, MARILYN RPUD 309 CORRAL CT 0.391988968 24 SOMASEKHAR, SUNIL RPUD 2309 TOP RAIL LN 0.406930823 25 KAKANI, CHAKRADHAR SRINIVAS RPUD 2313 TOP RAIL LN 0.50503513 26 SANGHA ROOPINA REVOCABLE LIVIN RPUD 313 TRAIL DUST DR 0.537273638 27 SUPERINTENDENT OF CARROLL ISD 28 SUPERINTENDENT OF KELLER ISD 1000 MADHANI, SOHAIL AG 2260 JOHNSON RD 1.682457575 Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 25 Responses Received within 300’: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 25 Case No. Attachment D ZA22-0059 Page 3 SURROUNDING PROPERTY OWNERS RESPONSES No responses received to date Case No. Attachment E ZA22-0059 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-797 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 OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 8B, JOHN J. FRESHOUR SURVEY ABSTRACT NO. 521, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 66,727 SQUARE FEET, 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 ZA22-0059 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 ZA22-0059 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 described as Tract 8B, John J. Freshour Survey Abstract No. 521, City of Southlake, Tarrant County, Texas, being approximately 66,727 square feet, 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”, and subject to the following conditions: Case No. Attachment E ZA22-0059 Page 4 City Council: 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. Case No. Attachment E ZA22-0059 Page 5 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 Case No. Attachment E ZA22-0059 Page 6 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 _____, 2023. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA22-0059 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA22-0059 Page 8 EXHIBIT “A” Being described as Tract 8B, John J. Freshour Survey Abstract No. 521, City of Southlake, Tarrant County, Texas, being approximately 66,727 square feet and being more particularly described as follows: Case No. Attachment E ZA22-0059 Page 9 EXHIBIT “B” Reserved for approved Concept Plan