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Item 6E Department of Planning & Development Services S T A F F R E P O R T August 28, 2009 CASE NO: ZA09-021 PROJECT: Zoning Change and Concept Plan for 1030 Primrose Lane REQUEST: Terra Land Management Company is requesting a Zoning Change and Concept Plan from “AG” Agricultural Zoning District to “SF-20A” Single-Family Residential Zoning District in order to create two (2) new single-family lots and construct a single-family home on each lot. The existing lot is currently 0.986 acres or approximately 42,830 square feet in size and has an existing home which would be removed if approved. The proposed lots are being identified as Lot 5 and Lot 6; Lot 5 is 20,440 square feet in size and Lot 6 is 20,000 square feet in size meeting the lot size requirement of the “SF-20A” Zoning District. As proposed, the Zoning District requested is inconsistent with the City’s Land Use Plan and therefore the applicant has submitted a CP09-001 Comprehensive Plan Amendment with this application under Planning Case . VARIANCES: A variance to Section 8.01.Easking that a row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be provided adjacent to the following: any property that is currently zoned or platted residential and contains lots of one acre or larger or any property shown on the approved City Land Use Plan to be designated for lots of one acre or larger in size not be required. A variance to Section 8.01.G referring to buffer lotsthat a minimum 30,000 square foot lots shall be required on all lots adjacent to platted property zone SF-1 or RE not be required. ACTION NEEDED: 1) Conduct Public Hearing nd 2) Consider 2 Reading of Zoning Change and Concept Plan approval request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Review Summary No. 2 dated July 10, 2009 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-589 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA09-021 BACKGROUND INFORMATION OWNER: Terra Stratfort Office, L.P. APPLICANT: Terra Land Management Co., Paul Spain PROPERTY SITUATION: 1030 Primrose Lane LEGAL DESCRIPTION: Tract 2C05, A.H. Chivers Survey, Abstract No. 299 LAND USE CATEGORY: Light Density Residential CURRENT ZONING: “AG” Agricultural Zoning District REQUESTED ZONING: “SF-20A” Single-Family Residential Zoning District HISTORY: The existing home proposed for demolition was built in 1966 (Source: TAD). SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential. As stated in the request, the applicant is proposing a Zoning District which is inconsistent with the current land use designation and therefore has submitted a CP09-001 Comprehensive Plan Land Use Amendment under Planning Case . TRANSPORTATION ASSESSMENT: The proposal adds one (1) new single-family home onto Primrose Lane where currently four (4) residences take access onto so therefore does not create any significant traffic impact. PATHWAYS MASTER PLAN: No sidewalks exist currently on Primrose Lane but due to the proposed subdivision, a four foot (4’) sidewalk would be required and has been provided by the applicant along Primrose Lane. 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: There is not significant tree coverage on either of the proposed lots and no suggested preservation requirement pertaining to the Environmental Resource Protection Map. One-Hundred percent (100%) of trees are proposed to be preserved on Lot 5 and approximately seventy-five percent (75%) on Lot 6. PLANNING & ZONING COMMISSION: August 6, 2009; Approved (5-0) subject to Concept Plan Review Summary No. 2 dated July 10, 2009 and granting the requested variances. CITY COUNCIL: August 18, 2009; Approved (6-0) on consent agenda subject to Concept Plan Review Summary No. 2 dated July 10, 2009 granting the requested variances. STAFF COMMENTS: Concept Plan Review Summary No. 2 dated July 10, 2009 is attached. A plat must also be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA09-021 Page 1 N:\Community Development\MEMO\2009cases\021 - ZCP - 1030 Primrose.doc Case No. Attachment A ZA09-021 Page 2 Case No. Attachment B ZA09-021 Page 1 Plans and Support Information Case No. Attachment C ZA09-021 Page 1 CONCEPT PLAN REVIEW SUMMARY ZA09-021Two07/10/09 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Lots 5 & 6, Block 1, Primrose Court APPLICANT: Surveyor: Terra Land Management Co. Stoneburner Land Surveying Paul Spain P.O. Box 270863 395 W Northwest Pkwy, Ste 300, Southlake, TX Flower Mound, TX 75027 Phone: (817) 410-9201 Phone: (972) 724-5454 Fax: (817) 410-9205 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/1/09 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 DANIEL CORTEZ AT (817) 748-8070. 1. As proposed, sanitary sewer service is required to serve the proposed lots. The proposed lot configuration does not meet the minimum requirements for an “On-Site Sanitary Sewer Facility” or septic system. 2. Buffer Lots: A minimum 30,000 square foot lots shall be required on all lots adjacent to platted (A Variance must be requested for this requirement) property zoned SF-1 or RE. 3. A row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be provided adjacent to the following: any property that is currently zoned or platted residential and contains lost of one acre or larger; any property shown on the approved City Land Use Plan to be designated for lots (A Variance must be requested for this requirement) of one acre or larger in size. Tree Conservation/Landscape Review Keith Martin Landscape Administrator kmartin@ci.southlake.tx.us (817) 748-8229 TREE CONSERVATION COMMENTS: * The proposed tree removal complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. A Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0 within the Tree Preservation Ordinance. 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 D ZA09-021 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. Public Works/Engineering Review Michele McCullough Civil Engineer mmccullough@ci.southlake.tx.us (817) 748-8274 GENERAL COMMENTS: 1. There is an existing 6 inch water line that serves these two lots. 2. There is no existing sanitary sewer that serves these lots. All lots are currently on septic service. 3. The City currently has a Capital Improvement Project under design that will replace the existing 6 inch water line with a new 8 inch water line. Also included in the design is the design of an 8 inch sanitary sewer line that will provide the residents on Primrose Court sanitary sewer service. There will also be some drainage improvements made on the south side of the road. The road is also scheduled to be reconstructed and the City will then take over the maintenance of the road. Currently Primrose Court is a private street. Community Services – Parks Julie Dove Parks Supervisor jdove@ci.southlake.tx.us (817) 748-8026 Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Case No. Attachment D ZA09-021 Page 2 Requires residential park dedication fees in the amount of $3000 per lot or new dwelling unit. 1 lots = $3000 Informational Comments * All development must comply with the underlying zoning district regulations. * 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 and the Erosion and Sediment Control Ordinance No. 946, as amended. 65 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to any conveyance or 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 ZA09-021 Page 3 Surrounding Property Owners 1030 Primrose Lane SPO # Owner Zoning Land Use Acreage Response 1. F SF1-A Low Density Residential 1.069 Soulier, Paul D Etux Mary E 2. NR SF1-A Low Density Residential 1.011 Tharp, Harry E Etux Monica 3. NR SF1-A Low Density Residential 1.058 Chodavadia, Bharatkum B Etux 4. F SF20A Low Density Residential 0.612 Smiley, Gregory W Etux Janet L 5. NR RPUD Medium Density Residential 0.602 Hatfield, J A 6. NR RPUD Medium Density Residential 0.626 Landolfo, A Peter Etux Deanna 7. NR RPUD Medium Density Residential 0.867 Flexer, David J Etux Karen J R 8. NR RPUD Medium Density Residential 3.093 Estes Park Hoa 9. NR AG Low Density Residential 0.365 Grant, Janice L 10. NR AG Low Density Residential 0.964 Morris, Louis M Etux Leslie Mixed Use F 11. Hines Southlake Land Lp ECZ 99.194 100-Year Flood Plain Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eleven (11) Responses Received: Three (3) - Attached Case No. Attachment E ZA09-021 Page 1 Case No. Attachment F ZA09-021 Page 1 Case No. Attachment F ZA09-021 Page 2 Case No. Attachment F ZA09-021 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-589 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 DESCRIBED AS TRACT 2C05, A.H. CHIVERS SURVEY, ABSTRACT NO. 299, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.986 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20A” 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 Case No. Attachment G ZA09-021 Page 1 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 clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment G ZA09-021 Page 2 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: Being legally described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299, Southlake, Tarrant County, Texas being approximately 0.986 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-20A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following Case No. Attachment G ZA09-021 Page 3 conditions: 1. Reserved for final City Council motion / conditions 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. Case No. Attachment G ZA09-021 Page 4 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 until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment G ZA09-021 Page 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) 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. th PASSED AND APPROVED on the 1st reading the 18 day of August, 2009. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY st PASSED AND APPROVED on the 2nd reading the 1 day of September, 2009. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment G ZA09-021 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA09-021 Page 7 EXHIBIT “A” Being legally described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299, Southlake, Tarrant County, Texas being approximately 0.986 acres, and more fully and completely described as follows: Reserved for Metes & Bounds Description Case No. Attachment G ZA09-021 Page 8 EXHIBIT “B” Reserved for approved concept plan. Case No. Attachment G ZA09-021 Page 9