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Item 11 - Staff ReportCase No. ZA23-0048 S T A F F R E P O R T September 1, 2023 CASE NO: ZA23-0048 PROJECT: Zoning Change and Concept Plan for 1584 Randol Mill Ave EXECUTIVE SUMMARY: Jose Valverde is requesting approval of a Zoning Change and Concept Plan for 1584 Randol Mill located on a property described as Tract 1B, William Winn Survey Abstract No. 1660, City of Southlake, Tarrant County, Texas and located at 1584 Randol Mill Ave, Southlake, Texas. Current Zoning: “AG” Agricultural District. Requested Zoning: “SF-30” Single Family Residential District. SPIN District 5. DETAILS: The purpose of this request is to seek a zoning change and concept plan approval to construct a residential addition on a single tract of land. The applicant is proposing to rezone the property to build an addition to the home. As currently zoned, the property is subject to a maximum lot coverage of 10%. With the proposed addition, the lot coverage would exceed this permitted maximum without the zoning change. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated August 23rd, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-807 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Concept Plan Floor Plan STAFF CONTACT: Peyton Sherman (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0048 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Jose Valverde PROPERTY SITUATION: 1584 Randol Mill Ave, Southlake, TX 76092 LEGAL DESCRIPTION: Tract 1B, William Winn Survey Abstract No. 1660 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “SF-30” Single Family Residential District HISTORY: The home was constructed in 1971 (TAD). “AG” Agricultural District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Low Density Residential. Purpose and Definition: Purpose: The purpose of the Low-Density Residential land use category is to promote a neighborhood setting primarily comprised of single-family detached houses. Definition: The Low-Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi- Public categories previously discussed. Though the zoning change proposed generally does not fall under Low Density Residential land use, the tract does not have sufficient land area to be zoned “SF-1A” Single Family Residential District. The tract will still be in character with surrounding development. TREE PRESERVATION: No changes to trees are proposed. UTILITIES: The site is served by an 8” sewer line and an 8” water line. CITIZEN INPUT: Due to the limited scope of this request, this project was not heard at SPIN or by the Corridor Planning Committee. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated August 23rd, 2023. Case No. Attachment B ZA23-0048 Page 1 VICINITY MAP Case No. Attachment C ZA23-0048 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA23-0048 Review: Two Date of Review: 08/23/23 Project Name: Zoning Change and Concept Plan – 1584 Randol Mill Ave APPLICANT: OWNER: Jose Armando Valverde Same 1584 Randol Mill Ave, Southlake TX 76092 Phone: (972) 281-7044 Email: Avalverde@me.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/23/2023 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 PEYTON SHERMAN. Planning Review Peyton Sherman Planner Phone: (817) 748-8269 Email: psherman@cityofsouthlake.com 1. Concept Plan site data summary table needs to be completed. Case No. Attachment C ZA23-0048 Page 2 Fire Department Review Kelly Clements Fire Marshal kclements@cityofsouthlake.com (817) 748- 8233 GENERAL COMMENTS: 1. No information provided on the square footage of the residence, unable to perform a complete review. Public Works/Engineering Review Sandra Endy Engineer Sendy@cityofsouthlake.com (817) 748- 8033 GENERAL COMMENTS: No comments. General Informational Comments * The Development Review Committee (DRC) has determined this submittal sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above. * The applicant has confirmed that the proposed building expansion does not impede upon the site triangle for vehicles on Biltmore Dr looking back at oncoming traffic from Randol Mill Ave. * The applicant should be aware that prior to issuance of a building permit an approved zoning and concept plan must be approved by City Council. * * Denotes Informational Comment * For this review, unless otherwise noted, the above comments pertain to the Concept Plan provided Case No. Attachment D ZA23-0048 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received: In Favor: Opposed: Undecided: No Response: No responses to date SPO #Owner Zoning Physical Address Acreage Response 1 LACAYO, DANIEL J AG 1590 RANDOL MILL AVE 1.078600138 NR 2 KIONI, FRED SF1-A 1615 RANDOL MILL AVE 0.064597645 NR 3 LACAYO, DANIEL J AG 1594 RANDOL MILL AVE 0.714400284 NR 4 WU, FANGFANG SF1-A 1595 RANDOL MILL AVE 0.499449131 NR 5 LACAYO, DANIEL J AG 0.008822197 NR 6 ALBERT, SUZIE SF1-A 1591 RANDOL MILL AVE 0.581675539 NR 7 KETTERING FAMILY LIVING TRUST AG 1.036111529 NR 8 KETTERING FAMILY LIVING TRUST AG 1580 RANDOL MILL AVE 0.055450843 NR 9 SARAVIA, LESLIE SF1-A 1589 RANDOL MILL AVE 0.449207311 NR 10 JAMES, SCOTT D RPUD 1324 FANNING ST 0.19842172 NR 11 BALTES, KELLY C RPUD 1322 FANNING ST 0.117322973 NR 12 STEFFEN, TIMOTHY SF1-A 1483 BROWN LN 0.560400362 NR 13 FOUR PEAKS-RM INC RPUD 1316 BILTMORE DR 0.038316793 NR 14 HAND, TREVOR RPUD 1577 RANDOL MILL AVE 0.539250099 NR 15 FOUR PEAKS-RM INC RPUD 1317 BILTMORE DR 0.034255575 NR 16 HALEK, JASON AG 1600 RANDOL MILL AVE 1.709670203 NR 17 CHAN, AMADA SF1-A 1710 MARANATHA WAY 1.289157593 NR 18 WEITKAMP, ROBERT AG 1570 RANDOL MILL AVE 1.791997578 NR 19 BAILEY, H SHEPARD SF1-A 1625 RANDOL MILL AVE 1.119924599 NR 20 SCOTT SANDLIN HOMES LTD AG 1480 BROWN LN 2.796840074 NR 1000 ALLEN, JEFFREY R AG 1584 RANDOL MILL AVE 1.191165127 U Case No. Attachment E ZA23-0048 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-807 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 TRACT 1B, WILLIAM WINN SURVEY ABSTRACT NO. 1660, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-30” 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 Case No. Attachment E ZA23-0048 Page 2 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” SINGLE AGRICULTURAL 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 Case No. Attachment E ZA23-0048 Page 3 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 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: Case No. Attachment E ZA23-0048 Page 4 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 1B, William Winn Survey Abstract No. 1660, City of Southlake, Tarrant County, Texas as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any conditions SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the Case No. Attachment E ZA23-0048 Page 5 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, 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. Case No. Attachment E ZA23-0048 Page 6 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, 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 Case No. Attachment E ZA23-0048 Page 7 ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA23-0048 Page 8 Reserved for approved exhibits