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Item 6B - Staff ReportCITY OF S0UTHLA1<.,,,E 6B Department of Planning & Development Services STAFF REPORT October 8, 2024 CASE NO: ZA24-0049 PROJECT: Zoning Change and Concept Plan for 1039 Burney Ln. EXECUTIVE SUMMARY: Brad Crouch, on behalf of Mark Cox, is requesting approval of a Zoning Change and Concept Plan, on property described as Tract 2A, J. Childress Survey Abstract No. 254, City of Southlake, Tarrant County, Texas, and located at 1039 Burney Ln. Current Zoning: "AG" Agricultural District Requested Zoning: "SF-1A" Single Family Residential District SPIN District #2 DETAILS: The purpose of this request is to seek approval of a Zoning Change and Concept Plan to subdivide the tract into two separate lots. VARIANCE REQUESTED: The applicant is requesting a variance to Subdivision Ordinance 483, as amended, requiring a 5-foot sidewalk along the street frontages of Burney Lane and N. Carroll Ave at the time of home construction. There are currently no sidewalks constructed on these sections of Burney Ln. or N. Carroll Ave. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider 2"d Reading ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2 dated September 11, 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 Case No. ZA24-0049 BACKGROUND INFORMATION OWNER: Mark Cox APPLICANT: Brad Crouch PROPERTY SITUATION: 1039 Burney Ln. PROPERTY DESCRIPTION: Tract 2A, J. Childress Abstract No. 254 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District. PROPOSED ZONING: "SF1-A" Single Family Residential District HISTORY: The property was annexed into the city in 1988 with Ord. No. 460. The original home was built prior to 1996. A remodel permit was issued in January of 1996. An accessory building permit was issued in October of 1998. 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 Thorou_phfare Plan The property is located along N. Carroll Ave. and Burney Ln. This section of N. Carroll Ave. is designated as a 70' Collector Road. Burney Ln. is designated as a 60' Collector Road. Pathways Master Pathways & Sidewalk Plan This section of N. Carroll Ave is designated to have a >=8' multi -use trail. Case No. ZA24-0049 Page 1 UTILITIES: There is an existing 8" water line located along N. Carroll Ave and Burney Ln. There is currently no access to sewer. The applicant is proposing a private septic system. PLANNING AND ZONING COMMISSION: September 19, 2024; APPROVED (6-0) subject to Staff Report dated September 11, 2024, and subject to Concept Plan Review Summary No. 2 dated September 11, 2024, and noting in lieu of construction of the sidewalks the applicant will escrow the funds for the sidewalk, and also noting if there is a fence to be constructed on the driveways the applicant will work with staff to provide an appropriate setback and/or circular drive for delivery trucks to not be stopped on the main street, and the fence would be constructed of wrought iron. CITY COUNCIL: October 1, 2024; 1st Reading APPROVED (7-0) on the Consent Agenda subject to Staff Report dated September 24, 2024 and Concept Plan Review Summary No. 2 dated September 11, 2024. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2 dated September 11, 2024. Case No. ZA24-0049 Page 2 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA24-0049 Review No.: Two Date of Review: 09/11/2024 Project Name: Concept Plan — 1039 Burney Ln APPLICANT: Mark Cox 1039 Burnev Ln Phone: 817-903-6445 Project Contact: Brad Crouch Phone: 817-846-4789 Email: MCoxl039@gmail.com Email Brad.Crouch@evrealestate.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/12/2024 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. Place the City case number "ZA24-0049" in the lower right corner for ease of reference. 2. Provide a small-scale location map. 3. Include the name and address of owner on the plan (phone and fax optional). 4. Show, label and dimension the width of the right of way and traveled roadway on or adjacent to the site. 5. Show, label and dimension the width of any easements on or adjacent to the site, if any. 6. Label the bearing and distance of each property boundary. 7. Label the distance between buildings and distance from building to property lines. 8. Show all build lines on the lot per the requested zoning. For lot boundaries fronting a street, a minimum front yard is required along both street frontages. Both Burney Ln. and N. Carroll Ave. require a minimum 40' building line. 9. Provide sidewalks and/or trails in compliance with Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. A minimum 5' sidewalk is required along both street fronatages of Burney Ln. and N. Carroll Ave. at the time of home construction. Case No. Attachment C ZA24-0049 Page 1 Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: At the time a building permit is submitted, a Tree Conservation and Protection Plan will be required. The required Tree Conservation and Protection Plan must conform to the Tree Conservation Plan submittal requirements outlined in the Tree Preservation Ordinance 585-E. 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. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* Case No. Attachment C ZA24-0049 Page 2 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 Case No. Attachment C ZA24-0049 Page 3 Public Works/Engineering Review Please be aware that the Plat submittal will require a preliminary grading and drainage plan as well as a preliminary utility plan. The location of the existing septic system will need to be verified and shall not be located on the opposite property once the property is split. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA24-0049 Page 4 Fire Department Review No comments based on submitted information. Lorenzo Chavez Fire Inspector Phone: (817) 748-8671 E-mail: LChavez@ci.southlake.tx.us Case No. Attachment C ZA24-0049 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 bV 5:00 p.m. on 0910312024. 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. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. As the purpose of this request it to eventually subdivide the lot a park fee will be required for the new lot. 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 C ZA24-0049 Page 6 Vicinity Map ZA24-0049 1039 Burney Ln. 12o1 1210 -1664 1090 BURNEY LN 1 2875 7 2711 1029 11714 2709 11212 Lu 2706 705 2 2705 af 1 1210 2704 12 107 14 704 1209 2703 271)aA 2705 27G2 12G& 27D2 12� N Legend Adaress Points City Parcels Right Of Way rK City Limit Case, Parcel(s) 200 Foot Buffer 95 190 3K Feet 300 Feat Buffer Parcels Within Buffer Case No. ZA24-0049 Attachment C Page 7 Zoning Physical Address Acreage Response 1 ARGENBRIGHT, DONALD SF1-A 1100 BURNEY LN 0.675075821 NR 2 ZIELKE, RODNEY SF1-A 1090 BURNEY LN 0.6942846 NR 3 ZIELKE, RODNEY SF1-A 1075 HARBOR 0.729813477 NR RETREAT 4 PETERSEN, JERRY SF1-A 1064 HARBOR 0.588202009 F RETREAT 5 JONES, RICHARD A SF1-A 1200 BURNEY LN 0.247847721 NR 6 LONERGAN, SCOTT SF1-A 2875 BURNEY LN 0.176390336 NR 7 TON, HUY RPUD 2711 N CARROLL 0.464658353 NR AVE 8 CHADD, JEWEL C SF1-A 1029 BURNEY LN 0.941928617 NR 9 AHN, DUSU RPUD 2709 N CARROLL 0.46156605 NR AVE 10 VAGHANI, REKHA SF1-A 2706 N CARROLL 1.102857736 NR AVE 11 MCCARTY, JOSHUA SF1-A 2705 N QUAIL RUN 0.970637148 NR CT 12 LAWSON, TOMMY SF1-A 2703 N QUAIL RUN 0.659633807 NR CT 13 UNDERWOOD, MIRIAM RPUD 2707 N CARROLL 0.234001814 NR AVE 14 GRIFFIN, GUY W SF1-A 2704 N CARROLL 0.364909362 NR AVE 15 NEWBY, WILLIAM M SF1-A 2885 BURNEY LN 1.851551731 NR 16 FRANKLIN, JAMES DAVID RPUD 1214 POWDER 0.537856413 NR RIVER TRL 17 COLE, TERRY J RPUD 1212 POWDER 0.295126032 NR RIVER TRL 18 KAMAL, SUHAYB SF1-A 2704 N QUAIL RUN 1.379536797 NR CT 19 GARDNER, KIMBERLEY RPUD 1210 POWDER 0.310658361 NR RIVER TRL 20 REPSKY, DAVID RPUD 1208 POWDER 0.308712642 NR RIVER TRL 21 KRUG, DAVID RPUD 2705 N CARROLL 0.623666536 NR AVE 22 BALL, KEVIN A SF1-A 1106 QUAIL RUN 1.015362026 NR RD 23 PATEL, MILIND SF1-A 2702 N CARROLL 1.086155233 NR AVE 24 ALPHA, DAVID B SF1-A 1104 QUAIL RUN 1.027241182 NR RD 25 HOWELL, DAN SF1-A 1210 BURNEY LN 1.447472681 NR 1000 COX, MARK R AG 1039 BURNEY LN 3.039505659 Responses Notices Sent: F: In Favor O: Opposed To U: Undecided Twenty -Nine (29) NR: No Response Case No. ZA24-0049 Attachment C Page 8 Responses Received within 300': In Favor: 1 Case No. ZA24-0032 Opposed: 0 Undecided: 0 Attachment D Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-821 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 2A, J. CHILDRESS SURVEY ABSTRACT NO. 254, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED A 1039 BURNEY LN., 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 District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA24-0049 Page 1 6B 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 whetherthese 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 ZA24-0049 Page 2 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 2A, J. Childress Survey Abstract No. 254, 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 Case No. Attachment E ZA24-0049 Page 3 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 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. Case No. Attachment E ZA24-0049 Page 4 6B 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 Case No. Attachment E ZA24-0049 Page 5 6B 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. 1/GT •C ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR /_1aIonI day of , 2024. CITY SECRETARY Case No. Attachment E ZA24-0049 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA24-0049 Page 7 EXHIBIT "A" Being described Tract 2A, J. Childress Survey Abstract No. 254, and located at 1039 Burney Ln. Metes and Bounds Description Case No. Attachment E ZA24-0049 Page 8 EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment E ZA24-0049 Page 9