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Item 6A - Staff ReportCase No. ZA24-0001 S T A F F R E P O R T February 27, 2024 CASE NO: ZA24-0001 PROJECT: Zoning Change and Concept Plan for 974 W Dove Road EXECUTIVE SUMMARY: Ajitpal Singh Toor, RTF & Sons Cstore, LLC is requesting approval of a Zoning Change and Concept Plan for 974 W. Dove Road on property described as Lot 1R2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and located at 974 W. Dove Road, Southlake, Texas. Current Zoning: “AG” Agriculture District. Requested Zoning: “SF-2” Single Family Residential District. SPIN Neighborhood #5. DETAILS: The property is located on the north side of W. Dove Road, approximately 240 feet northwest of the intersection of W. Dove Road and Amelia Island Path. The purpose of this request is to seek approval for a zoning change and concept plan from “AG” Agricultural District to “SF-2” Single Family Residential District. The primary distinctions between “SF-2” and “SF-1A” zoning districts are the minimum lot area of two (2) acres and building height which permits a building of forty (40) feet. The lot is 4.86 acres and meets “SF-2” standards. The “Guest House” proposed on the site has already received approval to be a Domestic Employee or Family Quarters from the Zoning Board of Adjustment. The applicant has indicated that the location of accessory structures may change after further review. Improvements shown are conceptual only and shall conform to all zoning requirements once final design and locations are finalized. ACTION NEEDED: 1) Hold a Public Hearing 2) Consider 2nd Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Zoning Change and Concept Plan Review Summary No. 2, dated February 8, 2024 (D) Surrounding Property Owners Map and Responses Full Size Plans (for Commission and Council members only) PowerPoint Presentation Concept Plan STAFF CONTACT: Katasha Smithers (817) 748-8281 Dennis Killough (817) 748-8072 Case No. Attachment A ZA24-0001 Page 1 BACKGROUND INFORMATION OWNER: Ajitpal Singh Toor, RTF & Sons CStore, LLC PROPERTY SITUATION: 974 W. Dove Road LEGAL DESCRIPTION: Lot 1R2, R.P. Estes Subdivision LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District. PROPOSED ZONING: “SF-2” Single Family Residential District HISTORY: • “AG” Agricultural District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. • On June 5, 2007, the City Council approved the zoning change from AG to SF-1A and the plat revision for the western ½ portion of Tract 1, now known as Lot 1R1, R.P. Estes Subdivision. • On October 17, 2023, the City Council approved the Plat Revision for the east ½ portion of Tract 1 of the R.P. Estes Subdivision now known as Lot 1R2 of the R.P. Estes Subdivision. • On January 11, 2024, the Zoning Board of Adjustment approved an SEU for a Domestic Employee or Family Quarters on the site. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Low Density Residential. 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 A minimum 5-foot sidewalk will be installed prior to the final inspection. The Master Pathways plan calls for an 8’ trail at this location. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The Master Thoroughfare Plan shows W Dove Road as an 88’ undivided two-lane arterial. TREE CONSERVATION: A tree conservation plan is required prior to the release of a building permit. UTILITIES: The property is served by an existing 12” water line. An 8” sanitary sewer Case No. Attachment A ZA24-0001 Page 2 line is adjacent to the property. PLANNING AND ZONING COMMISSION ACTION: February 8, 2024; APPROVED (7-0) Subject to Staff Report dated February 8, 2024, and Zoning Change and Concept Plan Review Summary No. 2, dated February 8, 2024. CITY COUNCIL ACTION: February 20, 2024; APPROVED on Consent, (6-0), 1st Reading STAFF COMMENTS: Attached is the Zoning Change and Concept Plan Review Summary No. 2, dated February 8, 2024 Case No. Attachment B ZA24-0001 Page 1 Case No. Attachment C ZA24-0001 Page 2 ZONING & CONCEPT PLAN REVIEW SUMMARY Case No.: ZA24-0001 Review No.: Two Date of Review: 02/8/2024 Project Name: Zoning and Concept Plan – 974 W Dove Road APPLICANT: OWNER: Ajitpal Singh Toor 6109 Lamb Creek Dr Ft. Worth, TX 76179 SAME Phone: 760-981-2244 Email: Pal.ajit@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/2024 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 KATASHA SMITHERS AT (817) 748-8281. 1. Accessory buildings and structures are conceptual and subject to all applicable regulations. The owner has indicated that the locations may change. 2. The gazebo shown on the plans is forward of the principal structure, and therefore cannot be greater than 120 square feet. Katasha Smithers Principal Planner Phone: (817) 748-8281 ksmithers@ci.southlake.tx.us Tree Conservation/Landscape Review 1. The submitted Tree Conservation Plan must demonstrate the proposed development of the property will comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. Information required for Tree Conservation Plan: Identification of Critical Environmental Features of the site: All individually protected trees Existing streams, drainage creeks, ponds, and other water bodies (if any) Tree Survey or alternative to a tree survey 2-foot contour map of the site Protected trees within the tree preservation area including tree size and type Critical Root Zones of groups of trees Critical Root Zones for individual trees required for site plans only Boundaries of any tree preservation areas as identified in the ERP Map Identification of areas of environmental constraints not suitable for development Identification of areas of minimal environmental constraints that are suitable for development Case No. Attachment C ZA24-0001 Page 3 Areas of encroachment into Critical Environmental Features identified on the site Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions Stream/Creek buffers, if any Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) Setbacks, building lines, and buffer yards The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. 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% 2. Please provide the existing tree cover calculations on the Tree Conservation Plan. The existing tree cover calculations consist of the total percentage of existing tree cover on the property, the total percentage of existing tree cover proposed to be removed, and the total percentage of existing tree cover proposed to be preserved. * 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. E-mail: kmartin@ci.southlake.tx.us Keith Martin Case No. Attachment C ZA24-0001 Page 4 Landscape Administrator Phone: (817) 748-8229 Public Works/Engineering Review No comments. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Fire Department Review No comments. Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us General Informational Comments * The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission. * All development must comply with 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 ZA24-0001 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 DANIELS, OLUSESAN RPUD 813 CHARLESTON DR 0.68 NR 2 REDDY, PADI RPUD 809 CHARLESTON DR 0.83 NR 3 AMIN, ROSHON RPUD 805 CHARLESTON DR 0.83 NR 4 GRIFFITH MARK EDWARD RPUD 801 CHARLESTON DR 0.44 NR 5 SHIVANG AND MANISHA MEHTA FAMI RPUD 901 CHARLESTON DR 0.14 NR 6 GRIBI, URS SF1-A 940 W DOVE RD 2.97 NR 7 NIMMAKAYALA, KAMESWARA RPUD 2312 AMELIA ISLAND PATH 0.73 NR 8 CURRENT OWNER RPUD 2308 AMELIA ISLAND PATH 0.72 NR 9 JONES, MICHAEL RPUD 2304 AMELIA ISLAND PATH 0.73 NR 10 KOYYA, VENKATA RPUD 2300 AMELIA ISLAND PATH 0.72 NR 11 SOUTHLAKE MEADOWS RESIDENTIAL RPUD 850 W DOVE RD 0.05 NR 12 PETRY TRUST NO. 1989 SF1-A 935 W DOVE RD 0.77 NR 13 SALE, KENNETH SF1-A 865 W DOVE RD 1.09 NR 14 SHMAISANI FAMILY LIVING TRUST SF1-A 825 W DOVE RD 0.52 NR 15 WAYLAND, CHERYL RENEE SF1-A 701 W DOVE RD 2.79 NR 16 EVANS, LARRY R SF1-A 975 W DOVE RD 4.81 NR Case No. Attachment D ZA24-0001 Page 2 17 POTLA, MADHU RPUD 905 CHARLESTON DR 0.95 NR 18 WOLF, JASON RPUD 704 LILLY CT 0.61 NR 19 KANCHERLA, DAYKAR RPUD 709 MAGNOLIA CIR 0.46 NR 20 GUPTA, NAGENDRA RPUD 708 MAGNOLIA CIR 0.45 NR 21 JAFRY, RAZA RPUD 705 LILLY CT 0.55 NR 22 MUHAMMAD, KHURRAM RPUD 812 CHARLESTON DR 0.49 NR 23 DURBIN, WILLIAM RPUD 808 CHARLESTON DR 0.55 NR 24 FRITZEL, NATHAN RPUD 804 CHARLESTON DR 0.58 NR 25 MANCHANDA, ANIL RPUD 800 CHARLESTON DR 0.81 NR 1000 RTF & SONS CSTORE LLC AG 974 W DOVE RD 5.03 U Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-six (26) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: Case No. Attachment E ZA24-0001 Page 1 SURROUNDING PROPERTY OWNERS’ RESPONSES None Received by 2/27/2024 Case No. Attachment F ZA24-0001 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-811 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 LOT 1R2, R.P. ESTES SUBDIVISION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 4.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURE DISTRICT TO “SF-2” 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” AGRICULTURE Case No. Attachment F ZA24-0001 Page 2 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 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 Case No. Attachment F ZA24-0001 Page 3 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: 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 Lot 1R2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, as depicted in Exhibit “A” and on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, from “AG” Case No. Attachment F ZA24-0001 Page 4 Agricultural District to “SF-2” Single Family Residential District 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 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. Case No. Attachment F ZA24-0001 Page 5 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. 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. Case No. Attachment F ZA24-0001 Page 6 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 _____, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: ________________________________ Case No. Attachment F ZA24-0001 Page 7 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA24-0001 Page 8 EXHIBIT “A” Lot 1R2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and located at 974 W. Dove Road, Southlake, Texas. Case No. Attachment F ZA24-0001 Page 9 EXHIBIT “B”