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Item 6B Department of Planning & Development Services S T A F F R E P O R T July 1, 2009 CASE NO: ZA09-016 PROJECT: Zoning Change and Concept Plan for 1080 Primrose Lane REQUEST: Casey Litaker and Janice Grant Litaker are requesting aZoning Change and Concept Plan from “AG” Agricultural District to “SF-20A” Single Family Residential District to construct a new home on approximately 0.34 acres located at 1080 Primrose Lane. This is a pre-existing tract of land of approximately 14,979 square feet having a width of approximately 87 feet. There is an existing home on the property which the owner proposes to remove to build a new home. For new building construction, the subdivision ordinance requires that the property be platted and be appropriately zoned. After right-of-way dedication for Primrose Lane, the net land area is approximately 14,109 square feet. Given the existing tract size, the only residential zoning district that the applicant could fully comply with is the “MH” Manufactured Housing district. Given the surrounding land uses and zonings, it is believed that “SF-20A” zoning is a more appropriate zoning for the tract if variances for physical constraints (lot area, lot width and side yard setbacks) of the existing tract could be granted by the Board of Adjustment. The City of Southlake Board of Adjustment approved the following variances needed on May 28, 2009, subject to the property receiving approval for “SF- 20A” Single Family Residential zoning: 1) Variance to Ordinance No. 480, Section 14.5f, requiring a minimum lot area of twenty thousand (20,000) square feet. A lot area of 14,109 square feet was approved. 2) Variance to Ord. 480, Section 14.5g, requiring a minimum lot width of one hundred (100) feet. A lot width of eighty seven (87) feet was approved. 3) Variance to Ord. 480, Section 14.5c, requiring a side yard setback of fifteen (15) feet. A side yard setback of seven and one half (7.5) feet was approved. ACTION NEEDED: 1) Conduct a public hearing 2) Consider second reading approval of a zoning change and concept plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map Link to PowerPoint Presentation (C) Plans and Support Information – (D) Revised Concept Plan Review Summary No. 1, dated June 30, 2009 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance 480-586 Case No. ZA09-016 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Dennis Killough (817) 748-8072 Richard Schell (817) 748-8602 Case No. ZA09-016 BACKGROUND INFORMATION OWNER/APPLICANT: Casey Litaker and Janice Grant-Litaker PROPERTY SITUATION: 1080 Primrose Lane LEGAL DESCRIPTION: Tract 2C4A, Absolom H. Chivers Survey, Abstract No. 299 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” – Agricultural District REQUESTED ZONING: “SF-20A” – Single Family Residential District HISTORY: The existing home proposed for demolition was built in 1966 (Source: TAD). TRANSPORTATION ASSESSMENT: As one (1) existing single-family residence is proposed to be replaced by one (1) new single-family residence, there is no new traffic impact generated by this application. PATHWAYS MASTER PLAN: No sidewalks exist on Primrose Lane and a sidewalk will not be required with a single lot plat showing. SOUTHLAKE 2025/ STRATEGIC LINK: The underlying land use designation is Low Density Residential. Although the proposed development is not consistent with the Low Density Residential designation, it is on a single existing tract and there will be no increase in density. WATER & SEWER: This site is serviced by a 6” water line along Primrose Lane. Sewer service to Primrose Lane is in the design stage and construction should be complete within one year. The sewer line must be installed before water service is provided to the property. TREE PRESERVATION: One 32” American Elm is shown to be removed on the Tree Conservation Plan. An 8” Ash is labeled as marginal because the tree is in poor condition. ZONING BOARD OF ADJUSTMENT ACTION: May 28, 2009; Case ZBA-572; the following variances were approved (5-0) subject to the property being rezoned SF-20A: 1) Variance to Ordinance No. 480, Section 14.5f, requiring a minimum lot area of twenty thousand (20,000) square feet. A lot area of 14,109 square feet was approved. 2) Variance to Ord. 480, Section 14.5g, requiring a minimum lot width of one hundred (100) feet. A lot width of eighty seven (87) feet was approved. 3) Variance to Ord. 480, Section 14.5c, requiring a side yard setback of fifteen (15) feet. A side yard setback of seven and one half (7.5) feet was approved. P&Z ACTION: June 4, 2009; Approved (6-0) recognizing that the proposed zoning is not in Case No. Attachment A ZA09-016 Page 1 accordance with the land use plan, however, the intensity of use will not change, no water service or Certificate of Occupancy is permitted before sanitary sewer service is available, and subject to Concept Plan Review Summary No. 1 dated May 22, 2009. st COUNCIL ACTION: June 16, 2009; 1 Reading approved (6-0) subject to Revised Concept Plan Review Summary No. 1 dated June 8, 2009. STAFF COMMENTS: The property must be rezoned and platted before a building permit can be issued to construct a new home. The only zoning district that would allow the applicant to construct a new home without requiring the variances to lot area and lot width would be “MH” Manufactured Housing. Since manufactured housing zoning would not fit with the surrounding properties, the applicant applied for and was granted the variances above to allow the property to be rezoned to “SF-20A”. Sewer service to Primrose Lane is in the design stage and construction should be complete within one year. The sewer line must be installed before water service is provided to the property and a Certificate of Occupancy is issued. Revised Concept Plan Review No. 1, dated June 30, 2009 is attached. Case No. Attachment A ZA09-016 Page 2 Case No. Attachment B ZA09-016 Page 1 CONCEPT PLAN Case No. Attachment C ZA09-016 Page 1 Tree Conservation Plan Case No. Attachment C ZA09-016 Page 2 REVISED CONCEPT PLAN REVIEW SUMMARY ZA09-016One6/30/09 Case No.: Review No.: Date of Review: Concept Plan– 1080 Primrose Lane Project Name: APPLICANT/OWNER: Casey & Janice Litaker 1080 Primrose Ln Southlake, TX 76092 Phone: (972) 467-2105 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/04/09 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 DENNIS KILLOUGH AT (817) 748-8072 OR DANIEL CORTEZ AT (817) 748-8070. Informational Comments: * 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. * Sewer service to Primrose Lane is in the design stage and construction should be complete within one year. The sewer line must be installed before water service is provided to the property and a Certificate of Occupancy is issued. * 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. * Denotes Informational Comment Case No. Attachment D ZA09-016 Page 1 Surrounding Property Owners 1080 Primrose Lane SPO # Owner Name Zoning Land Use Acreage Response Mills Custom Homes Lp SF30 Low Density Residential 0.974 1 NR Soulier, Paul D Etux Mary E SF1-A Low Density Residential 1.069 2 NR Tharp, Harry E Etux Monica SF1-A Low Density Residential 1.011 3 NR Chodavadia, Bharatkum B Etux SF1-A Low Density Residential 1.058 4 NR Satterfield, David Etux Carla SF1-A Low Density Residential 1.056 5 NR Smiley, Gregory W Etux Janet L SF20A Low Density Residential 0.612 6 F Grant, Janice L AG Low Density Residential 0.365 7 NR Morris, Louis M Etux Leslie AG Low Density Residential 0.964 8 NR Mixed Use, 100-Year Flood Hines Southlake Land Lp ECZ Plain 99.194 9 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received: One (1) Case No. Attachment E ZA09-016 Page 1 Surrounding Property Owner Responses Case No. Attachment F ZA09-016 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-586 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 APPROXIMATELY 0.34 ACRES SITUATED IN THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 299, TRACT 2C4A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE FAMILY RESIDENTIAL AS DEPICTED UPON THE CONCEPT PLAN ATTACHED HERETO AS EXHIBIT “B” AND 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, 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 Case No. Attachment G ZA09-016 Page 1 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 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. Case No. Attachment G ZA09-016 Page 2 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 approximately a 0.34 acre tract of land situated in the Absolom H. Chivers Survey, Abstract No. 299, Tract 2C4A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-20A" Single Family Residential as depicted upon the Concept Plan attached hereto 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 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 Case No. Attachment G ZA09-016 Page 3 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 or its caption and penalty 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 if 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 ___________, 2009. _____________________________ MAYOR Case No. Attachment G ZA09-016 Page 4 ATTEST: _____________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2009. _____________________________ MAYOR ATTEST: _____________________________ APPROVED AS TO FORM AND LEGALITY: ________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:________________________ EFFECTIVE:______________________ Case No. Attachment G ZA09-016 Page 5 EXHIBIT "A" Reserved for Metes and Bounds Case No. Attachment G ZA09-016 Page 6 EXHIBIT "B" Reserved for Approved Concept Plan Case No. Attachment G ZA09-016 Page 7