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Item 6B Department of Planning & Development Services S T A F F R E P O R T June 12, 2009 CASE NO: ZA08-110 PROJECT:Preliminary Plat for the Glosser Addition REQUEST: On behalf of T.W. Glosser, Tom Mathews is requesting approval of a zoning change and concept Plan from “AG” Agricultural District to “SF-2” Single-Family Residential District on approximately 10.2 acres. The concept plan proposes two (2) new residential lots to be zoned “SF-2”. Lot 1 is approximately 5.8 acres in size and fronts along N. Peytonville Avenue; Lot 2 is to the west of Lot 1 approximately 4.5 acres in size. Both lots are concurrently proposed for ZA08-091 a change in zoning under case . This request was amended from the original proposal for “SF-1A” zoning which proposed four (4) new residential lots. st ZA08-091 City Council’s motion on 1 Reading for related Planning Case allows access from either North Peytonville Avenue or Sleepy Hollow Trail. The concept plan and preliminary plat indicate a twenty four foot (24’) private access easement across Lot 1 from North Peytonville Avenue to access Lot 2 if needed. The concept plan and preliminary plat also indicates a ten foot (10’) pedestrian access easement along the east boundary of Lot 1. In lieu of constructing the sidewalk immediately upon approval, the applicant will escrow funds in the amount of Five Thousand Four Hundred Seventeen Dollars and Sixty Cents ($5,417.60) or an amount as determined by the Director of Public Works based on the most current cost estimates at the time of execution of the agreement. The agreement must be executed and funds paid to the City prior to the recording of the plat with County Plat Records. VARIANCES: A variance is being requested for the requirement under section 8.01.A of the City’s’ Subdivision Ordinance; every lot shall abut a public street or private street. ACTION NEEDED: Conduct Public Hearing Consider Preliminary Plat Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Memo – Higgins Branch Watershed – Nathan D. Maier, Consulting Engineers (E) Concept Plan Review Summary No. 3 dated May 11, 2009 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses for Commission and Council Members Only (H) Full Size Plans () Case No. ZA 08-110 STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA 08-110 BACKGROUND INFORMATION OWNER: T.W. & Debra Glosser APPLICANT: Tom Mathews, Four Peaks Development, Inc. PROPERTY SITUATION: 1640 and 1680 N. Peytonville Avenue LEGAL DESCRIPTION: Tracts 3B & 3B01, J.H. Childress Survey, Abstract No. 253 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “SF2” Single-Family Residential District HISTORY: ZA08-091 See History under Planning Case SOUTHLAKE 2025 PLAN/ STRATEGIC LINK: ZA08-091 See Southlake 2025 Plan/ Strategic Link under Planning Case TRANSPORTATION ASSESSMENT: ZA08-091 See Transportation Assessment under Planning Case PATHWAYS MASTER PLAN: ZA08-091 See Pathways Master Plan under Planning Case WATER & SEWER: ZA08-091 See Water & Sewer under Planning Case P&Z COMMISSION: March 5, 2009, Approved (4-0) to table item until the April 9, 2009 Planning & Zoning Commission meeting at the applicants request. April 9, 2009, Motion to Approve failed (3-4) to grant the requested variance to allow Lots 2, 3, 4, and 5 to front on a privately owned and maintained thirty-foot (30’) common access easement rather than a public street and subject to Preliminary Plat Review Summary No. 2 dated February 25, 2009. May 21, 2009, Motion to Approve passed (6-0) in addition to the requested variance for the sidewalk requirement along N. Peytonville Avenue and Sleepy Hollow Trail and subject to Concept Plan Review Summary No. 3 dated May 11, 2009. CITY COUNCIL: ZA08-091 Under Planning Case : April 21, 2009, Motion to Remand passed (6- 0) back to the Planning and Zoning Commission due to a change in proposal and alternate zoning request. ZA08-091 Under Planning Case : June 2, 2009, Motion to Approve passed (6-1) in addition to the following conditions: The rear lot shall be zoned “SF-2”; Access to the rear lot shall be obtained through either N. Peytonville Avenue or Sleepy Hollow Trail, not both; Funds to be escrowed for the construction of a sidewalk along N. Peytonville Avenue and adequate ROW or easement provided; and, subject to the requirements of Concept Plan Review Summary No. 3 dated May 11, 2009. Case No. Attachment A ZA 08-110 Page 1 STAFF COMMENTS: Attached is a Preliminary Plat Review Summary No. 2, dated May 11, 2009. N:\Community Development\MEMO\2008cases\08-110.doc Case No. Attachment A ZA 08-110 Page 2 Case No. Attachment B ZA 08-110 Page 1 PRELIMINARY PLAT Case No. Attachment C ZA 08-110 Page 1 For Additional Exhibits, please view the POWERPOINT PRESENTATION for this item by clicking the above link Case No. Attachment C ZA 08-110 Page 2 Follow the link below to view the memo in reference to HIGGINS BRANCH WATERSHED from Nathan D. Maier, Consulting Engineers Case No. Attachment D ZA 08-110 Page 1 PRELIMINARY PLAT REVIEW SUMMARY ZA08-110Three5/11/09 Case No.: Review No.: Date of Review: Preliminary Plat – Lots 1 & 2, Block 1, Glosser Addition Project Name: APPLICANT: SURVEYOR: Tom Matthews Charles B. Hooks, Jr. RPLS 726 Commerce St., Suite 109 Loyd Branssom Surveyors, Inc. Southlake, TX 76092 1028 N. Sylvannia Ave. Phone: (817) 329-6996 Fort Worth, TX 76111 Fax: (817) 481-4074 Phone: (817) 834-3477 Email: tmatthews@fourpeaksdev.com Fax: (817) 831-9818 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/08/09 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DANIEL CORTEZ AT (817) 748-8070. 1. All lots must comply with the underlying zoning regulations. This property is currently zoned “AG” Agricultural District. As proposed, these lots do not comply with the “AG” regulations and is subject to receiving approval of an appropriate change in zoning prior to this plat being approved and filed with Tarrant County. degrees and minutes 2. Correct the throughout the “Field Notes for Preliminary Plat”. They do not currently reflect the labeled numbers on the actual plan. Be sure to also reflect these on the plan itself. 3. Applicant must provide an agreement with the City for funding the construction of a four foot (4’) sidewalk along N. Peytonville Avenue. Construction of said sidewalk must be constructed prior to the release of a Certificate of Occupancy from either Lot 1 or Lot 2. Tree Conservation/Landscape Review Keith Martin Landscape Administrator (817) 748-8229 kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. The proposed Preliminary Plat has been altered since the previous Concept Plan was submitted. Please submit a revised Tree Conservation Plan showing an estimated house pad location and the trees to be removed in conjunction with the regulations of the Tree Preservation Ordinance. A minimum of 30% of the existing tree cover is required to be preserved. 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 E ZA 08-110 Page 1 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. # Denotes required items. * Denotes informational comments Informational Comments: * All development must comply with the Drainage Ordinance No. 605, as amended. * All construction or earth disturbance occurring on site must comply with the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat 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. * Applicant should be aware that the NOTE provided on the face of the plan indicates that access can be obtained from either N. Peytonville Avenue or Sleepy Hollow Trail, it can not be both. * Denotes Informational Comment Case No. Attachment E ZA 08-110 Page 2 Surrounding Property Owners Preliminary Plat for the Glosser Addition 11 SPO # Owner Zoning Land Use Acreage Response 1. NR Glazier, Dan & Sherri Glazier SF1-A 1.054 Low Density Residential Low Density Residential, O 2. Wheatley, Neil M Etux Diane SF1-A 1.031 100-Year Flood Plain Low Density Residential, O 3. Murphy, Thomas M Etux Karen L SF1-A 1.568 100-Year Flood Plain Low Density Residential, O 4. Nimergood, Ralph J Etux Malora SF1-A 1.558 100-Year Flood Plain 5. NR Amond, Carl A Etux Barbara M SF1-A 0.996 Low Density Residential 6. NR Bustamante, Michael J Etux J A SF1-A 1.065 Low Density Residential O 7. Smith, Daniel Etux Terri R SF1-A 0.978 Low Density Residential 8. NR Shuff, Ronald F Etux Janet B SF1-A 1.02 Low Density Residential 9. NR Karmis, Ioannis Etux Christina SF1-A 1.022 Low Density Residential 10. NR Chappel, J Randall Etux D'Ann SF1-A 1.042 Low Density Residential Low Density Residential, 11. NR Glosser, Truman Etux Debra SF1-A 5.929 100-Year Flood Plain Low Density Residential, 12. NR Pennington, Gary Etux Kathryn SF1-A 4.368 100-Year Flood Plain 13. NR Manning, Michael N SF1-A 1.564 Low Density Residential F 14. Demlow, John R Etux Carol G SF1-A 1.033 Low Density Residential 15. NR Coventry Manor Hoa RPUD 10.792 Low Density Residential 16. NR Oliver, Darren Etux Melissa SF1-A 0.957 Low Density Residential 17. NR Kelly, Carol Ann SF1-A 1.014 Low Density Residential 18. NR Kit, Edward Etux Catherine B SF1-A 0.986 Low Density Residential 19. NR Maher, Elizabeth Etvir Robert SF1-A 2.487 Low Density Residential O 20. Canal, Donald V Etux Marina R SF1-A 1.766 Low Density Residential Case No. Attachment F ZA 08-110 Page 1 O 21. Jackson, Nancy S Etux John W SF1-A 1.495 Low Density Residential O 22. Lam, Conner SF1-A 1.526 Low Density Residential Low Density Residential, O 23. Fullmer, Kurt Etux Melinda SF1-A 1.79 100-Year Flood Plain Low Density Residential, 24. NR Phillips, G Martin & Shawna S SF1-A 1.387 100-Year Flood Plain Low Density Residential, O 25. Buzzard, Richard A Etux Jean A SF1-A 1.351 100-Year Flood Plain Low Density Residential, O 26. McGaha, Bruce A Etux Teresa G SF1-A 1.236 100-Year Flood Plain Low Density Residential, 27. NR Ortiz, Donna SF1-A 1.344 100-Year Flood Plain Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment F ZA 08-110 Page 2 Surrounding Property Owner Responses Preliminary Plat for the Glosser Addition Initial Notification was sent for the March 5, 2009 public hearing Notices Sent: Twenty-Seven (27) - Attached Responses Received: Ten (10) – Attached Notification sent out again for the May 21, 2009 public hearing Notices Sent: Twenty-Seven (27) - Attached Responses Received: Two (2) – Attached Case No. Attachment G ZA 08-110 Page 1 Initial Notification was sent for the March 5, 2009 public hearing Case No. Attachment G ZA 08-110 Page 2 Case No. Attachment G ZA 08-110 Page 3 Case No. Attachment G ZA 08-110 Page 4 Case No. Attachment G ZA 08-110 Page 5 Case No. Attachment G ZA 08-110 Page 6 Case No. Attachment G ZA 08-110 Page 7 Case No. Attachment G ZA 08-110 Page 8 Case No. Attachment G ZA 08-110 Page 9 Page 1 of 3 Case No. Attachment G ZA 08-110 Page 10 Page 2 of 3 Case No. Attachment G ZA 08-110 Page 11 Page 3 of 3 Case No. Attachment G ZA 08-110 Page 12 Page 1 of 2 Case No. Attachment G ZA 08-110 Page 13 Page 2 of 2 Case No. Attachment G ZA 08-110 Page 14 Case No. Attachment G ZA 08-110 Page 15 Case No. Attachment G ZA 08-110 Page 16 Notification sent out again for the May 21, 2009 public hearing Case No. Attachment G ZA 08-110 Page 17 Case No. Attachment G ZA 08-110 Page 18