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Item 6B - Staff ReportCase No. ZA23-0072 S T A F F R E P O R T May 14, 2024 CASE NO: ZA23-0072 PROJECT: Zoning Change and Development Plan for The Overlook & WillowTree Gardens EXECUTIVE SUMMARY: Sage Group, Inc., on behalf of Mendez, LTD, are requesting approval of a Zoning Change and Development Plan for The Overlook and WillowTree Gardens, on property described as Tract 3C, and portions of Tracts 3D03, and 3D03A, W.W. Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas and located at 240 N. Carroll Avenue and portions of 918-1050 E. Southlake Blvd., Southlake, Texas. Current Zoning: "AG" Agricultural District and “SF-1A” Single Family Residential District. Proposed Zoning: “TZD” Transitional Zoning District. SPIN Neighborhood #7. DETAILS: This project is located primarily along the west side of N. Carroll Ave, approximately 750 feet north of the E. Southlake Blvd. intersection. The purpose of this request is to approve a Zoning Change and a Development Plan for a project encompassing a single-family residential component and an office building component. The property is proposed to be zoned using the “TZD” Transition Zoning District category. At the first reading of this item, City Council approved a “Hybrid” plan presented by the applicant that was comprised of 19 “Villa” lots and 3 half-acre lots. The approval was conditioned that the applicant provide revised plans that consider the following: • Providing a masonry wall along the southern boundary of the development. • Providing a connection to Cross Lane. • Reconfiguring the larger lots, possibly moving lot 3 to the north side of the development. The applicant has provided two Development Plans for consideration referred to as “Plan D” and “Plan E”. “Plan D” is preferred per the developer. “The Overlook” is an office building component proposed to front N. Carroll Ave. Development Regulations provide that the building be permitted “O-1” Office District uses. The proposed maximum building height is 35’ (two stories) and the proposed maximum floor area is 23,000 square feet. The final details of this structure are to be approved by a future Site Plan. The structure is set back 90’ from the existing adjoining residential neighborhood to the north. This portion of the development is virtually identical between “Plan D” and “Plan E”. Department of Planning & Development Services Case No. ZA23-0072 “Willowtree Gardens” is the residential component of this project. This portion of the development reflected in “Plan D” encompasses 23 single-family detached dwellings:  Lots 1-5 will have an area of no less than 15,000 square feet. These five larger lots are proposed to be placed along an extension of Cross Lane, a public local street. This extension will include a cul-de-sac.  The 18 remaining lots will be considered the “Villa” lots. The minimum lot size is proposed to maintain the previously requested 5,700 square feet with an average lot size of ~6,000 square feet. The lots are proposed to be a minimum of 46’ wide and have a “zero-lot line” on one side, with a 6’ setback on the opposite side. This portion of the development is proposed to be private.  An emergency access gate is proposed in “Plan D”, and will be placed at Cross Lane, adjacent to the cul-de-sac. • The proposed density of “Plan D” is 2.4/dua. • An 8’ masonry wall is provided along the southern boundary and along the northern Villa portion of the residential development and commercial building. An 8’ wood fence is provided along the larger lots on the northwest and west boundaries. The residential component of “Plan E” encompasses 22 single-family detached dwellings:  Lots 1-11 will have an area of no less than 11,000 square feet. These lots are proposed to be placed along the north side of the development and will have front facing garage and driveways.  The 11 remaining lots will be considered the “Villa” lots. The minimum lot size is proposed to maintain the previously requested 5,700 square feet with an average lot size of ~6,000 square feet. The lots are proposed to be a minimum of 46’ wide and have a “zero-lot line” on one side, with a 6’ setback on the opposite side.  No emergency access gate is proposed. A limited access gate will be placed at the east entry into the development to restrict Carroll Ave. traffic. • The proposed density of “Plan E” is 2.3/dua. • An 8’ masonry wall is provided along the southern boundary, and between the commercial building and existing residences to the north. An 8’ wood fence is provided along the northern and western boundary of the larger lots. Specific zoning and development standards are noted on each Development Plan. Standards not clearly depicted on the Development Plans or noted herein, shall either follow “TZD” Transition Zoning District Standards, or the previously proposed Development Regulations. Case No. ZA23-0072 To date, opposition received results in approximately 40% of the 200’ buffer area surrounding the proposed project. Any consideration at the second reading of this item will require a supermajority vote by City Council in order to be approved. Development Regulations are provided herein (for “Plan D” only): The following modifications to the “TZD” District requirements are noted: A. Section 47.4.d.4: “Residential density in the Transition Zoning District shall not exceed two (2) dwelling units per gross acre.” (2.4 du/a or 2.3 du/a proposed.) B. Section 47.7(g): Maximum building footprint permitted in square feet: ‘Financial and Office Uses: 10,000 square feet’. (Footprint approx. 11,500 sqft.) B. Section 47.7.d(3): The elevation of the home from the finished sidewalk. (Plans are not specific.) D. Section 47.7.e: The architectural design standards requirement. (These are reflected in the General Comments of the attached Development Plan Review Summary No. 4.) Case No. ZA23-0072 E. Section 47.7(a)iii: “Cul-de-sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection.” (The private drive as shown is effectively a cul-de-sac.) Only for “Plan D” VARIANCES REQUESTED: 1) Subdivision Ordinance No. 483, Section 5.01(G) states, “Alleys shall not be allowed unless specifically approved by the Council.” 20’ alleys provide access to garages positioned in the rear of “Villa” lots per plans. 2) With a private street proposed, the applicant is also requesting a variance to Subdivision Ordinance No. 483, as amended, Section 5.04, which does not permit private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures to allow a gated community with private streets with the initial development. 3) Driveway Ordinance No. 634, as amended, requires in this instance that driveways be separated by 250’. The two driveways facing N. Carroll Ave. are separated by only 200’. ACTION NEEDED: 1) Hold a Public Hearing 2) Consider Second Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 4, dated April 9, 2024 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-810 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Link to TZD Regulations Link to Plans P&Z Meeting Comment Cards STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0072 Page 1 BACKGROUND INFORMATION OWNER: Mendez, LTD APPLICANT: Sage Group, Inc. / WillowTree PROPERTY SITUATION: 240 N. Carroll Avenue and portions of 918-1050 E. Southlake Blvd., Southlake, Texas. PROPERTY DESCRIPTION: Tract 3C, and portions of Tracts 3D03, and 3D03A, W.W. Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” Agricultural District; “SF-1A” Single Family Residential District PROPOSED ZONING: “TZD” Transitional Zoning District, with "O-1" Office District uses permitted for the office portion, and single-family residences and permitted accessory uses for the remaining net area. HISTORY: The “AG” zoning was placed on the entirety of the property upon the adoption of the first zoning ordinance. For the portion of the property zoned “SF-1A”, the property was zoned “A- 3”, an obsolete single family zoning category, on June 5, 1979. It was rezoned to “SF-1” on August 19, 1986. “SF-1A” zoning was placed on the property with the adoption of Zoning Ordinance No. 480 in 1989. Three homes are existing among the three tracts and the properties are unplatted. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is “Medium Density Residential”. The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single family detached houses. The Medium 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. With case CP24-0001, a portion of the property to the east is proposed to have the land use of “Office Commercial”. The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office‐related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped Case No. Attachment A ZA23-0072 Page 2 surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Mobility & Master Thoroughfare Plan The subject property is bounded by N. Carroll Ave to the east and E. Southlake Blvd. to the south, though this development is not proposed to connect to this roadway. N. Carroll Ave. is a fully developed four lane divided arterial with 100’ of right of way. Pathways Master Plan & Sidewalk Plan The Pathways Plan shows a less than 8’ sidewalk along the west side of N. Carroll Ave. The applicant is proposing a 5’ sidewalk along their developed portion of Carroll Ave., and has noted a willingness to construct a 5’ sidewalk north to Ownby Lane to connect the development to Southlake Town Square. S i t e S p e c i f i c Recommendations • Retain the Medium Density Residential land use designation. • For properties fronting on Carroll Ave., garden office uses may be considered if development is planned in a comprehensive manner. • Buffer existing and future residential uses from office uses. • Any future connection of Cross Lane to Carroll Ave. is not intended. • Any office development along Carroll Ave. should have cross access back to the traffic signal at F.M. 1709/Tower Plaza as well as to the office properties to the south to access the existing drive cut on Carroll Ave. • A new drive cut at Carroll Ave. and Main Street is not recommended due to existing traffic conditions/volumes at this intersection and the close proximity to the light. Case No. Attachment A ZA23-0072 Page 3 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed “TZD” zoning request has two entrances onto N. Carroll Ave. (Note separation variance request.) An emergency only access gate is also proposed to connect to Cross Lane to the west. The Traffic Impact Analysis recommends a north bound left turn into the development at the northern driveway of the site along Carroll Ave. Traffic Counts N. Carrol Ave. (65) (Between E. Southlake Blvd. & E. SH 114) 24hr North Bound (11,458) South Bound (11,746) AM Peak (821) 11:45AM – 12:45PM Peak (956) 11:30AM – 12:30PM PM Peak (928) 12:45 – 1:45PM Peak (1,199) 4:45 – 5:45PM * Based on the (2017-2018) City of Southlake Traffic Count Report Traffic Impact A Traffic Study was provided by the applicant. The study provided the following traffic generation chart for peak AM and PM’s hours. During the peak AM hour, the site is projected to generate 63 trips, and the PM hour will likewise create 69 trips. This represents less than a 3% increase in overall traffic volume along N. Carrol Ave. The study further provides recommendations that include a left turn lane into the north entrance from northbound Carroll Ave. The city’s independent reviewer, TNP, Inc., generally agrees with the conclusions and recommendations of the Traffic Study and has no reservations in regard to the city’s acceptance. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D since the property is being rezoned. There is 24.5% of existing tree cover on the property and a minimum of 60% of the existing tree cover would be required to be preserved. A minimum of 71.52% is proposed to be removed and a maximum of 28.48% is proposed to be preserved. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and Case No. Attachment A ZA23-0072 Page 4 make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: The property is served by an existing 8” water line along N. Carroll Ave. and an existing 8” sanitary sewer line along the west boundary of the property under consideration. DRAINAGE: An on-site detention facility is proposed. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on August 22, 2023. The item was heard by the Corridor Planning Committee on January 30, 2024. PLANNING & ZONING COMMISSION ACTION: On February 22, 2024, the item was tabled until the March 21, 2024 meeting at the request of the applicant. March 21, 2024; DENIED (5-0) CITY COUNCIL ACTION: April 2, 2024; APPROVED (5-1) (Williamson), subject to Staff Report dated March, 26, 2024, and Development Plan Review Summary No. 3, dated March 15, 2024, subject to the following: • Approving what has been described and presented as the “hybrid” option, which has three, depicted as yellow, approximately half-acre lots and 19 other of the smaller lots. • Directing the applicant to present a revised plan based on the hybrid model that includes a masonry fence on the south property boundary. • Directing the applicant to present an option with connection through Cross Lane. • Directing the applicant for reconfiguring the yellow, half-acre lots, Lots 1, 2 & 3, possibly moving Lot 3 to the northside of the property Case No. Attachment A ZA23-0072 Page 5 April 16, 2024: TABLED (6-0), to the May 7, 2024 meeting. May 7, 2024: TABLED (7-0), to the May 21, 2024 meeting. STAFF COMMENTS: Attached is Development Plan Review Summary No. 4, dated April 9, 2024. Case No. Attachment B ZA23-0072 Page 1 Case No. Attachment C ZA23-0072 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA23-0072 Review No.: Four Date of Review: 4/9/24 Project Name: Development Plan – The Overlook and Willowtree Gardens APPLICANT: OWNER: Sage Group, Inc. – Curtis Young Mendez, LTD – Angelo Mendez 1130 N. Carroll Ave. STE 200 1344 Lakeview Dr., Southlake, Texas Southlake, Texas 76094 Phone: 817-424-2626 Phone: 817-938-3480 Email: cyoung@sage-dfw.com Email: N/A CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/8/24 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 REAGAN ROTHENBERGER AT (817) 748-8602. 1. The Development Regulations (Zoning Booklet) need the following revisions or considerations: • The Development Regulations need to be updated to wholly reflect the new changes in the Development Plan. The Development Plan will control and will include any conditions provided by City Council. 2. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended): a. The driveways do not meet the minimum spacing requirements. A minimum spacing of 250’ is required. Approximately 200’ of spacing is provided. (Variance Required) 3. Subdivision Ordinance No. 634, as amended, Section 5.04(A) requires that no new subdivision shall be permitted to have “private streets”. The residential portion of this development is proposed to be served by a private street in “Plan D”. 4. Right-of-way dedication portion shown on the Development Plan shall be changed to reflect ROW dedication of the extension to Cross Lane. 5. The “turnaround” at the end of Cross Lane shall meet fire requirements in “Plan D”. Slight adjustment to lot dimensions of 1, 4, and 5 may be needed to accommodate this. 6. Regarding “Plan E” only. With the lack of a gate at the western portion of the development, the traffic impact analysis will need to consider the addition of Cross Lane/Foxborough traffic and its impact to Carroll Ave. ingress/egress points. Case No. Attachment C ZA23-0072 Page 2 The following are informational comments: • The Development Plan shows arrows for general locations of future cross access between commercial sites. This cross access will be required as these portions of property develop as such. • In written communications, staff has noted the applicant’s willingness to construct a 5’ sidewalk north to Ownby Lane to ensure pedestrian connectivity to Southlake Town Square. • A formal Site Plan application will be required at a future date for the Office Building. See Section 47.8 of the Zoning Ordinance for details as to the processing of Development Plans vs. Site Plans in the “TZD” Transition Zoning District. • Please note the Site Specific Recommendations for this site in the Comprehensive Land Use Plan. (FM LU10). Access to Tower Drive is strongly recommended per the Plan. This would provide a signaled access point for the development. • “TZD” Transition Zoning District’s are not subject to Zoning Ordinance Section 43 “Overlay Districts”, therefore consideration is not given for the Residential Proximity Slope, nor the location of the trash receptable on site, though they may not meet general Overlay District requirements. • Though the “TZD” Transition Zoning District allows for flexibility, the category does provide general guidance for development. The following are notable applicable standards of the Transition Zoning District regulations found in Section 47.7 that do not appear to be followed and are considered deviations: o The first-floor elevation of single-family dwellings shall be raised a minimum of two (2) feet above the finished level of the public sidewalk/trail in front of the residential structures. (It is unclear if the residential portion meets this requirement.) o TZD district regulations state: “Cul-de-sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection.” The private residential drive as shown is effectively a cul-de-sac. Though not applicable to the TZD district, the Subdivision Ordinance generally allows no more than twenty residences on a cul- de-sac. o TZD generally requires 6’ sidewalks. The applicant proposes 5’ sidewalks for the development. o To ensure compatibility of building types and to relate new buildings to the building traditions of the region, architectural design shall be regulated, governed, and enforced through architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of the development plan application for all development in the TZD. The Planning and Zoning Commission shall make a recommendation and the City Council shall approve them at the time of approval of the Development Plan. Architectural design standards for a proposed Transition Zoning District shall: i. specify the materials and configurations permitted for walls, roofs, openings, street furniture, and other elements; ii. be based on traditional building precedents from the region; iii. include the following: a. architectural compatibility among structures within the neighborhood; b. human scale design; c. pedestrian use of the entire district; d. relationship to the street, to surrounding buildings, and to adjoining land uses; and e. special architectural Case No. Attachment C ZA23-0072 Page 3 treatment of gateways/civic buildings. (This is understood to read that the architectural components of the district are to be compatible with each other. No specific materials are mentioned with this development plan. No elevation examples of the homes are provided, though not expressly required.) • A Preliminary Plat and a Final Plat must be filed for this property, and the entirety of all properties where boundaries are amended must be part of these plats. This includes land area outside of the proposed area of development. Property zoned “AG” may need to be rezoned, as the plat must conform to the underlying zoning. “AG” properties are required to be a minimum of 10 acres in area. Case No. Attachment C ZA23-0072 Page 4 Tree Conservation/Landscape Review Provide the tree survey numbers of the trees which correspond with the tree survey data in the tree tables. * If the proposed development was straight zoning it would not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 24.5% of existing tree cover on the property and a minimum of 60% of the existing tree cover would be required to be preserved. A minimum of 71.52% is proposed to be removed and a maximum of 28.48% 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. 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; Case No. Attachment C ZA23-0072 Page 5 v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * 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. LANDSCAPE COMMENTS: 1. The planter/planting strip width between the curb and sidewalk within the residential portion of the proposed development is required to be a minimum six feet (6’) wide. Street trees are required but is flexible upon the proposed design standards. 2. Provide the interior landscape ground cover and seasonal color calculations within the Interior Landscape Summary Chart. 3. Existing tree credits seem to be taken for preserved trees within bufferyard areas. Please provide the proposed existing tree credits within the Bufferyards Summary Chart. Existing tree credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupancy. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA23-0072 Page 6 Public Works/Engineering Review GENERAL COMMENTS: 1. Label the radius for the proposed driveways. Be aware that a 30-foot radius is required on driveways off a collector or arterial roadway or any drive designated as a fire lane. * Please be aware that the city recently installed an inlet at the southeast corner of Cross Lane. * The property owner at 808 Cross Lane may reach out to discuss the possible removal of the inlet located on the southeast corner of their property. There may be a possibility that this inlet is not needed anymore with the construction of this development, and the property owner of 808 Cross Lane would like to see if it is possible this could be added to the Overlook project scope. This is not a requirement from the City. * Public utilities shall be required to be located within a dedicated utility easement. * A manhole or junction box shall be placed at 500’ max. spacing for storm. TURN LANE/TIA COMMENTS: 1. Provide update traffic counts. 2. Is the left turn lane properly sized for the projected traffic volume or is it sized for the available length? Provide a left-turn Storage analysis and provide all necessary backup data. Specify whether the proposed turn lane will affect the adjacent intersections and median breaks. 3. Provide a U-Turn analysis, i.e. enough radii to not cause conflicts, impacts after median extension on main st, etc… As this may become an issue with all the traffic that wants to go SB from Main St. 4. Provide confirmation that a right- turn decel lane is not triggered. 5. Are there safety concerns with constructing the left turn where proposed? Verify that all sight triangles, including vertical ones, are checked to ensure no conflicts with the proposed left turn lane. 6. Confirm the left turn lane will not cause conflict with the internal stacking depth, especially if there are simultaneous turn-in and the one entering via left-turn does not end up being on N. Carroll due to someone backing up of the parking stall. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA23-0072 Page 7 Fire Department Review The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (No riser room location or size indicated on the site plan) FIRE LANE COMMENTS: Fire apparatus access fire lanes need to be provided within 150 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis for non-sprinkled buildings and within 250 feet of sprinklered buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) Dead-end fire apparatus access cannot exceed 150 feet. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet, a minimum of 26 feet wide fire apparatus access fire lane is required. (Site plan does not indicate the minimum requirements for a 26 feet wide fire lane due to the max height indicated) Where the fire apparatus access fire lane consists of a divided roadway at the access gates, the gate width must not be less than 12 feet. The access gate must be provided with a manual means of operating the gate and an automatic means. FIRE HYDRANT COMMENTS: Fire hydrants are over spaced between the commercial and residential portions of the development, add an additional fire hydrant near the entrance into the residential area. (No hydrants indicated on the most recent site plan) Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA23-0072 Page 8 General Informational Comments * The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above .. A pdf of each plan must be submitted. If not received before the deadline, the item will be moved to a later P&Z agenda. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. * No review of proposed signs is intended with this plan. A separate building permit is required prior to construction of any signs. * No park dedication is noted. Park dedication fees in lieu of dedication will be required. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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. * All development must comply with the standards of the “TZD” Transition Zoning District unless deviations or variances are otherwise approved as part of a Development Plan or Site Plan. * The applicant should be aware that prior to issuance of a building permit 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 ZA23-0072 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 COPELAND, STEPHEN N SF20A 375 BINKLEY CT 0.142152314 NR 2 CAPTIVA LIVING TRUST SF20A 350 BINKLEY CT 0.164981091 NR 3 SPAETH, STEPHEN SF20A 1050 OWNBY LN 0.367027494 NR 4 STEPHENS, BRIAN K SF20A 1000 OWNBY LN 0.525282848 O 5 BRYAN FAMILY TRUST SF20A 970 OWNBY LN 0.46229571 F 6 DEBARO, JAMES SF20A 950 OWNBY LN 0.476976863 NR 7 DEAN DAVID JACKSON SF20A 920 OWNBY LN 0.460385431 NR 8 TOWN SQUARE VENTURES LP SP1 331 N CARROLL AVE 0.002203171 NR 9 CARLSON, DAVID N SF20A 900 OWNBY LN 0.46799204 O 10 NAUGHER LIVING TRUST SF20A 870 OWNBY LN 0.458539714 F 11 BLAIR, RANDELL T SF20A 850 OWNBY LN 0.45824291 F 12 ARNOLD, AUSTIN SF20A 325 BINKLEY CT 0.567493951 NR 13 DOWDY, ROBERT WESLEY SF20A 300 BINKLEY CT 0.663888876 NR 14 COLBY LIVING TRUST SF20A 811 OWNBY LN 0.165767617 O 15 TOWN SQUARE VENTURES LP DT 1240 MAIN ST 0.706819449 NR 16 GREAT DIGS LLC SF20A 808 CROSS LN 0.488819733 O 17 LUCENA, JOSE EDGAR SF20A 806 CROSS LN 0.33679001 O 18 TOWN SQUARE VENTURES LP DT 1200 MAIN ST 0.189761131 NR 19 WAYSON, MICHAEL SF20A 809 CROSS LN 0.488322143 O 20 PARROT, ALEXANDER SF20A 807 CROSS LN 0.341089318 O 21 STRUNCK, JUERGEN F DT 220 N CARROLL AVE 0.130788399 O 22 STRUNCK, JUERGEN F AG 200 N CARROLL AVE 2.539525298 O 23 TOWN SQUARE VENTURES LP DT 140 STATE ST 0.003585605 NR 24 ZHANG, HONGWEI SF20A 808 GATESHEAD CT 0.539145196 O 25 EAST SOUTHLAKE #2 LTD SP1 910 E SOUTHLAKE BLVD 1.183336292 NR 26 HO, JEFFREY SF20A 806 GATESHEAD CT 0.02505042 O Case No. Attachment D ZA23-0072 Page 2 27 MENDEZ LTD AG 918 E SOUTHLAKE BLVD 0.325114353 F 28 MENDEZ LTD SF1-A 1050 E SOUTHLAKE BLVD 0.857797614 F 29 EAST SOUTHLAKE #1 LTD SP1 900 E SOUTHLAKE BLVD 0.710762083 NR 30 CLARK, RAYMOND SF20A 810 GATESHEAD CT 0.159637554 O 31 GREENWAY CRESTWOOD PARTNERS SP2 1100 E SOUTHLAKE BLVD 0.160094478 NR 32 SHAVER, KATHLEEN SF20A 400 SOUTHVIEW TRL 0.523973752 NR 33 KEMPKER, KENNETH JAMES SF20A 806 OWNBY LN 0.570787776 O 34 FOXBOROUGH HOA INC SF20A 809 OWNBY LN 1.110829344 NR 35 BURNEY, HAMID SF20A 804 CROSS LN 0.4749258 O 36 MILLS, MICHAEL A SF20A 805 CROSS LN 0.490380007 U 37 KIANI, HAMID SF20A 809 GATESHEAD CT 0.643955426 O 38 BUCZEK, JOHN S SF20A 400 FONDREN CT 0.469221471 NR 39 DASGUPTA, CHANDRIKA SF20A 405 FONDREN CT 0.522537525 NR 40 OSBORNE, MICHAEL SF20A 405 SOUTHVIEW TRL 0.488882396 NR 41 GREENWAY-SOUTHLAKE OFFICE PRTN SP1 1110 E SOUTHLAKE BLVD 1.994282336 NR 1000 MENDEZ LTD AG 240 N CARROLL AVE 9.613513025 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-two (42) Responses Received within 300’: Twenty-two (22) Total • Fifteen (15) Opposed • Six (6) In Favor • One (1) Undecided Responses Received outside 300’: One-hundred and fifty-two (152) Total • One-hundred and twenty-eight (128) Opposed • Twenty-three (23) In Favor • One (1) Undecided P&Z Comment Cards: Forty-four (44) Total • Thirty-eight (38) Opposed • Six (6) In Favor Council Comment Cards: Ten (10) Total, all opposed. All replies are in a separate document from this report. Case No. Attachment E ZA23-0072 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-810 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 ///, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “TZD” TRANSITIONAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 and “SF-1A” Single Family Residential District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA23-0072 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 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 rights of those who bought or improved property with reference to the classification which existed Case No. Attachment E ZA23-0072 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 portions of /// and more fully and completely described in Exhibit “A” from “AG” Agricultural District and “SF-1A” Single Family Residential District to “TZD” Transitional Zoning District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA23-0072 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. Case No. Attachment E ZA23-0072 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. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA23-0072 Page 6 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: ________________________________ CITY SECRETARY Case No. Attachment E ZA23-0072 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-0072 Page 8 EXHIBIT “A” Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA23-0072 Page 9 EXHIBIT “B” Reserved for approved Development Plan