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Item 6A - Staff Report 6A Case No. ZA24-0043 S T A F F R E P O R T October 8, 2024 CASE NO: ZA24-0043 PROJECT: Zoning Change and Concept Plan for 2561 N. White Chapel Blvd. EXECUTIVE SUMMARY: Kenneth McKeown is requesting approval of a Zoning Change and Concept Plan, on property described as Lot 2, Block 1, Woodall Addition, City of Southlake, Tarrant County, Texas, and located at 2561 N. White Chapel Blvd. Current Zoning: “AG” Agricultural District. Requested Zoning: “SF-1A” Single Family Residential District. SPIN District #1. DETAILS: The purpose of this request is to seek approval of a Zoning Change and Concept Plan to build a new residential home on the lot. ACTION NEEDED: 1) Hold a Public Hearing 2) Consider 2nd Reading ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2 dated August 30, 2024. (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-820 PowerPoint Presentation Plans STAFF CONTACT: Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 Department of Planning & Development Services 6A Case No. ZA24-0043 Page 1 BACKGROUND INFORMATION OWNER AND APPLICANT: Kenneth McKeown PROPERTY SITUATION: 2561 N. White Chapel Blvd. PROPERTY DESCRIPTION: Lot 2, Block 1, Woodall Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District. PROPOSED ZONING: “SF-1A” Single Family Residential District HISTORY: The property was annexed into the city in 1957 with Ord. No. 086. A Final Plat (ZA84-026) was approved by the City Council in April of 1984. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is “Low Density Residential”. The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single‐family residential development that promotes the openness and rural character of Southlake. The Low Density Residential category is for detached single‐family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all rights‐of‐way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi‐Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Mobility & Master Thoroughfare Plan The property is located along N. White Chapel Blvd. This section of N. White Chapel Blvd. is designated as a 70’ Collector Road. Pathways Master Plan & Sidewalk Plan Due to the location of the property a sidewalk is not required as the lot does not front onto N. White Chapel. UTILITIES: There is an existing 12” water line located along N. White Chapel Blvd. There is currently no access to sewer. The applicant is proposing a private 6A Case No. ZA24-0043 Page 2 septic system. PLANNING AND ZONING COMMISSION: September 5, 2024: (APPROVED 7-0) subject to Staff Report dated August 30, 2024, and subject to Concept Plan Review Summary No. 2 dated August 30, 2024. CITY COUNCIL: September 17, 2024; 1st Reading (APPROVED 6-0) on the Consent Agenda subject to Staff Report dated September 10, 2024, and Concept Plan Review Summary No. 2 dated August 30, 2024. October 1, 2024; 2nd Reading Tabled (7-0) to October 15, 2024. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2 dated August 30, 2024. 6A Case No. Attachment D ZA24-0043 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA24-0043 Review No.: Two Date of Review: 08/30/24 Project Name: Concept Plan – 2561 N White Chapel Blvd. APPLICANT: OWNER: Kenneth McKeown 2333 Kirby St Dallas, Tx 75204 Phone: 09-551-4884 Email: KcMcKeown@Kmacrg.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/29/24 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 “ZA24-0043" in the lower right corner for ease of reference. 2. Label all setbacks on the Concept Plan. (SF1-A Setbacks are 40’ Front and Rear and 20’ Side.) 6A Case No. Attachment D ZA24-0043 Page 2 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 1. A Tree Conservation and Protection Plan which conforms to the Tree Conservation Plan submittal requirements of the Tree Preservation Ordinance 585-E will be required with the submittal of the Building Permit to construct the new home on the property. Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified on the site xi. 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 xii. Stream/Creek buffers, if any xiii. 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.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. 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. 6A Case No. Attachment D ZA24-0043 Page 3 Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 6A Case No. Attachment D ZA24-0043 Page 4 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. * Please be aware that public sanitary sewer is currently unavailable at this location. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us 6A Case No. Attachment D ZA24-0043 Page 5 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. FIRE ACCESS COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter residences protected with an automatic fire sprinkler system (150 feet for un- sprinklered). 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. An approved turn-around must be provided for fire apparatus (IFC Appendix D as amended). This approved turn-around must be placed at a point where the apparatus will not be required to back-up more than 150 feet to turn around and exit the property. Lorenzo Chavez Fire Inspector Phone: (817) 748-871 E-mail: LChavez@ci.southlake.tx.us 6A Case No. Attachment D ZA24-0043 Page 6 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 8/19/2024. 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. * Building permit(s) are required prior to commencement of any work. 6A Case No. Attachment E ZA24-0043 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 6A Case No. Attachment E ZA24-0043 Page 2 SPO # Owner Zoning Physical Address Acreage Response 1 SCHELLING, MARTIN W AG 2665 N WHITE CHAPEL BLVD 2.641166243 NR 2 BROWN, BRITTON RPUD 2624 SUMMIT RIDGE DR 0.030329557 NR 3 ORDONEZ LIVING TRUST RPUD 2616 SUMMIT RIDGE DR 0.502900998 NR 4 HADLEY, ROBERT AG 2573 N WHITE CHAPEL BLVD 0.89220831 NR 5 CROSS LIVING TRUST RPUD 2608 SUMMIT RIDGE DR 0.583189924 NR 6 AFOLABI, OLADAPO RPUD 2600 SUMMIT RIDGE DR 0.677664039 NR 7 ESSENSA, MARC SF1-A 2535 N WHITE CHAPEL BLVD 0.613840022 NR 8 WILLIAMS, BRIAN D SF1-A 2525 N WHITE CHAPEL BLVD 1.827846315 NR 9 SOUTHLAKE, CITY OF CS 200 E DOVE RD 0.770258442 NR 10 WILLIAMS, BRIAN D SF2 2465 N WHITE CHAPEL BLVD 0.292629265 NR 11 RABY, NICOLAS L RPUD 2625 SUMMIT RIDGE DR 0.585989428 NR 12 BARRETT PROPERTY MANAGEMENT LL RPUD 2617 SUMMIT RIDGE DR 0.517001724 NR 13 HAMEL, JAMES W RPUD 2609 SUMMIT RIDGE DR 0.577511863 NR 14 SUPERINTENDENT OF CARROLL ISD NR 15 SUPERINTENDENT OF GRAPEVINE COLLEYVILLE ISD NR 16 SUPERINTENDENT OF NORTHWEST ISD NR 17 SUPERINTENDENT OF KELLER ISD NR 1000 SEAGOVILLE 29 LLC AG 2561 N WHITE CHAPEL BLVD 1.896488659 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: 6A Case No. Attachment F ZA24-0043 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-820 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 LOT 2, BLOCK 1, WOODALL ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2561 N. WHITE CHAPEL BLVD., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural 6A Case No. Attachment F ZA24-0043 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 6A Case No. Attachment F ZA24-0043 Page 3 clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 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: 6A Case No. Attachment F ZA24-0043 Page 4 Being described as Lot 2, Block 1, Woodall Addition, City of Southlake, Tarrant County, Texas, and located at 2561 N. White Chapel Blvd., and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF1-A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 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 6A Case No. Attachment F ZA24-0043 Page 5 suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 6A Case No. Attachment F ZA24-0043 Page 6 until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 17 day of September, 2024. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024. ________________________________ MAYOR ATTEST: 6A Case No. Attachment F ZA24-0043 Page 7 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ 6A Case No. Attachment F ZA24-0043 Page 8 EXHIBIT “A” Being described Lot 2, Block 1, Woodall Addition, and located at 2561 N. White Chapel Blvd. Metes and Bounds Description 6A Case No. Attachment F ZA24-0043 Page 9 EXHIBIT “B” Reserved for approved Concept Plan