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Item 6F - Staff Report6F Case No. ZA24-0032 S T A F F R E P O R T August 27, 2024 CASE NO: ZA24-0032 PROJECT: Zoning Change and Concept Plan for 303 E. Highland St. EXECUTIVE SUMMARY: Hema Chapala is requesting approval of a Zoning Change and Concept Plan, on property described as Tract 1F, William W. Hall Survey Abstract 687, City of Southlake, Tarrant County, Texas, and located at 303 E. Highland St. Current Zoning: “AG” Agricultural District. Requested Zoning: “SF20A” Single Family Residential District. SPIN District #7 DETAILS: This project is located on approximately .99 acres on E. Highland St. The purpose of this request is to seek approval for a Zoning Change and a Concept Plan for the purpose of building a larger new residence. The previous house on this site was demolished. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider 2nd Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated August 2, 2024 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-819 PowerPoint Presentation Plans STAFF CONTACT: Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 Department of Planning & Development Services 6F Case No. ZA24-0032 Page 1 BACKGROUND INFORMATION OWNER: Hema Chapala APPLICANT: Hema Chapala PROPERTY SITUATION: 303 E. Highland St. PROPERTY DESCRIPTION: Tract 1F, William W. Hall Survey Abstract 687, City of Southlake, Tarrant County, Texas. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” Agricultural District. PROPOSED ZONING: “SF20A” Single Family Residential District HISTORY: The property was annexed into the City in 1957. A residential building permit was issued in January of 1981. An accessory building permit was issued in August of 2000. 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. Mobility & Master Thoroughfare Plan The property is located along E. Highland St. E. Highland St. is designated as a 70’ Arterial road. Pathways Master Plan & Sidewalk Plan The pathways plan calls for an < 8 sidewalk along this portion of E. Highland St. The applicant is proposing a 6’ sidewalk along E. Highland. UTILITIES: There is an existing 12” water line located along E. Highland St. There is an existing 6” sewer line located along the southern property line. 6F Case No. ZA24-0032 Page 2 PLANNING AND ZONING COMMISSION: August 8, 2024, APPROVED (5-0) subject to the Staff Report dated August 2, 2024, and subject to Concept Plan Review Summary No. 2 dated August 2, 2024, and noting applicant’s willingness to meet with neighbors concerning the height of the building and drainage. CITY COUNCIL: August 20, 2024 APPROVED (6-0) subject to Staff Report dated August 13, 2024, and Concept Plan Review Summary No. 2, dated August 2, 2024. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2 dated August 2, 2024. 6F Case No. Attachment C ZA24-0032 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA24-0032 Review No.: Two Date of Review: 08/02/2024 Project Name: Concept Plan – 303 E. Highland St. APPLICANT: OWNER: Hema K Chapala Hema K Chapala 817 Calcot Drive 817 Calcot Drive Coppell, TX 75019 Coppell, TX 75019 Phone: 917.376.4408 Phone: 917.376.4408 Email:drhemakishore@gmail.com Email:drhemakishore@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/03/24 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 MORGAN BARCLAY AT (817) 748-8127. 1. Place the City case number “ZA24-0032" in the lower right corner for ease of reference. 6F Case No. Attachment C ZA24-0032 Page 2 Tree Conservation/Landscape Review * The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. All existing trees on the property are proposed to be preserved. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 6F Case No. Attachment C ZA24-0032 Page 3 Public Works/Engineering Review GENERAL COMMENTS: * An engineered signed and sealed drainage plan and grading plan will be required to be submitted with the building permit for the construction of the new residential home. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us 6F Case No. Attachment C ZA24-0032 Page 4 Fire Department Review GENERAL COMMENTS: An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000 square feet, excluding porches and patios. (Square footage not indicated for residence or remote garage) A complete set of plans for the fire sprinkler system shall be submitted to Reed Fire Protection, Green Tag Engineering or Coker Engineering for review and approval. These plans shall be submitted by a state licensed contractor. The sprinkler system must be visually inspected by the Fire Marshal’s Office prior to sheet rock being applied. Also, the builder must call for a fire alarm test and final inspection to obtain a Certificate of Occupancy. All fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of all structures on the property if the square footage requirement does not require them to be sprinkled with an automatic fire sprinkler system, or access provided within 250 feet of all exterior portions of the perimeter of all structures if they are protected with an automatic fire sprinkler system. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) A vertical clearance of 14 feet must also be provided. Lorenzo Chavez Fire Inspector Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us 6F Case No. Attachment C ZA24-0032 Page 5 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. The applicant should be aware that a formal submittal for the next scheduled Planning and Zoning Commission meeting must be received at the City by 5:00 p.m. on 7/22/2024. 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. * 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. * Building permit(s) are required prior to commencement of any work. * All mechanical equipment must be screened of view from right-of-ways and residential properties . 6F Case No. Attachment D ZA24-0032 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 6F Case No. Attachment D ZA24-0032 Page 2 SPO # Owner Zoning Physical Address Acreage Response 1 METHODIST HOSPITALS OF DALLAS SP2 335 E SH 114 1.450277051 NR 2 HANES, ERIC SF20A 221 E HIGHLAND ST 0.451344042 NR 3 CHANDRA, PUNIT SF20A 231 E HIGHLAND ST 0.714237761 NR 4 SILVEROAK LAND DEV CO LLC RPUD 1120 TINA TRL 0.038403361 NR 5 SILVEROAK LAND DEV CO LLC RPUD 1121 TINA TRL 0.005565948 NR 6 AMIN, MITEN RPUD 1116 TINA TRL 0.296023529 NR 7 WOZNIAK, JAMES RPUD 1117 TINA TRL 0.061465254 NR 8 DAVIS, ARLENE RPUD 1112 TINA TRL 0.33110109 NR 9 GAZALA RICHARD EVANS REVOCABLE RPUD 1113 TINA TRL 0.068235024 NR 10 BRANCH, ANTHONY RPUD 1109 TINA TRL 0.054456082 NR 11 EJK TRUST RPUD 1108 TINA TRL 0.338672324 NR 12 PARAGON TRUST RPUD 204 MARIE CIR 0.352722775 U* 13 HOME, BRIAN RPUD 208 MARIE CIR 0.365559999 NR 14 BULLOCK, TYLER RPUD 212 MARIE CIR 0.308820518 U* 15 BRACKER FAMILY REV LIV TRUST RPUD 1105 TINA TRL 0.00132551 NR 16 SILVEROAK LAND DEV CO LLC RPUD 1100 TINA TRL 0.220494891 NR 17 HAMILTON, JAMES A RPUD 1101 TINA TRL 0.347816244 NR 18 BOWDISH FAMILY TRUST RPUD 232 MARIE CIR 0.352413054 NR 19 CHON, SAMUEL RPUD 228 MARIE CIR 0.36753754 NR 20 BESSE, RICHARD E RPUD 216 MARIE CIR 0.366856113 NR 21 SHENOY, SHIVPRASAD SF20A 211 E HIGHLAND ST 0.698480986 NR 22 SOUTHLAKE CH ASSEMBLY OF GOD CS 101 E HIGHLAND ST 6.840691511 NR 1000 LAFAVERS, DORIS AG 303 E HIGHLAND ST 0.991633974 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-Two (22) (Individual Ownerships) Responses Received within 300’: In Favor: Opposed: Undecided: 2 No Response: *Spoke at Planning and Zoning Commission public hearing. 6F Case No. Attachment E ZA24-0032 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-819 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 1F, WILLIAM W. HALL SURVEY ABSTRACT 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 303 E. HIGHLAND ST, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTICT TO “SF20A” SIGNLE 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 “SF30” Single Family Residential District under the City’s Comprehensive Zoning Ordinance; and, 6F Case No. Attachment E ZA24-0032 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 6F Case No. Attachment E ZA24-0032 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 1F, William W Survey Abstract 687, City of Southlake, Tarrant County, Texas, and located at 303 E. Highland St. and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF20A” Single Family Residential District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following 6F Case No. Attachment E ZA24-0032 Page 4 conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. 6F Case No. Attachment E ZA24-0032 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 6F Case No. Attachment E ZA24-0032 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 20 day of August, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY 6F Case No. Attachment E ZA24-0032 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ 6F Case No. Attachment E ZA24-0032 Page 8 EXHIBIT “A” Being described Tract 1F, William W. Hall Survey, Abstract 687, City of Southlake, Tarrant County, Texas, and located at 303 E. Highland St. Metes and Bounds Description EXHIBIT “B” Reserved for approved Concept Plan