Loading...
Item 6B Department of Planning & Development Services S T A F F R E P O R T September 10, 2008 ZA08-072 CASE NO: Zoning Change and Development Plan for Cotswold (fka Estancia) PROJECT: REQUEST: 579 Kimball LLC is requesting approval of a zoning change and development plan for Cotswold Valley Estates which is a residential development zoned “R-PUD” residential planned unit development and is currently under construction. The purpose of this request is to change the perimeter wall and entry feature plans. The original subdivision name and marketing was proposed under the name of Estancia. The wall and entry feature plans proposed plaster, ceramic and terracotta tile as the primary masonry materials to follow the Spanish theme inspired by the name. The name was changed to Cotswold Valley shortly after construction began which follows an English influence. The proposed plan changes the plaster and tile Spanish style architecture to an old English type stacked stone. No other changes are proposed. This development shall remain subject to the current R-PUD zoning uses and regulations unless otherwise specifically approved by the City Council. Due to the limited scope of this request, there is no review summary. Exhibits showing the location and new design are included from the link to plans and support information below. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and development plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Link to Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance 480-509a for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA08-072 BACKGROUND INFORMATION OWNER/APPLICANT: 579 Kimball LLC PROPERTY SITUATION: 579 N. Kimball Avenue LEGAL DESCRIPTION: Tract 5A4, Samuel Freeman Survey, Abstract No. 525 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: R-PUD Residential Planned Unit Development District REQUESTED ZONING: R-PUD Residential Planned Unit Development District limited to changing the wall and entry design. HISTORY: -The Zoning and Development Plan was approved by City Council on January 16, 2007; -The Preliminary Plat was approved by City Council on March 20, 2007; -The Final Plat was approved on April 3, 2008. P&Z ACTION: August 21, 2008; Approved (7-0) subject to the staff report as presented. COUNCIL ACTION: September 2, 2008; Approved first reading on Consent (7-0) STAFF COMMENTS: The proposed plan changes the plaster and tile Spanish architectural theme to a stacked stone English architectural theme. No other changes are proposed. This development shall remain subject to the current R-PUD zoning uses and regulations unless otherwise specifically approved by the City Council. Due to the limited scope of this request, there is no review summary. Exhibits showing the location and new design are included from the link to plans and support information below. N:\Community Development\MEMO\2008cases\072 - ZDP - Cotswald Valley (F.K.A. Estancia)\Staff Report\ZA08-072 ZDP CC 09-16-08.doc Case No. Attachment A ZA08-072 Page 1 Case No. Attachment B ZA08-072 Page 1 Link to Plans and Support Information Case No. Attachment C ZA08-072 Page 1 Surrounding Property Owners Cotswold Valley (F.K.A. Estancia) SPO # Owner Zoning Land Use Acreage 1. Kimball Road Lp I1 Public/Semi-Public, Mixed Use 1.61 Mixed Use, Public/Semi-Public, Mixed Use, 2. Txu Electric Delivery Co CS 2.55 Mixed Use Low Density Residential, Medium Density 3. St Laurence Episcopal Church CS Residential, Public/Semi-Public, Office 5.35 Commercial Low Density Residential, Medium Density 4. Babaria, Amit & Gordhanbhai H SF1-A 1.03 Residential Low Density Residential, Medium Density 5. James, David B SF1-A 0.96 Residential 100-Year Flood Plain, Low Density 6. Hillman, Luther L AG 3.94 Residential, Medium Density Residential Low Density Residential, Medium Density 7. 579 Kimball Llc RPUD 8.11 Residential, Public/Semi-Public Medium Density Residential, Public/Semi- 8. Episcopal Diocese Of Ft Worth AG 1.03 Public 9. Peterson, Robbie Joan SF1-A Low Density Residential, Public/Semi-Public 0.52 10. Williams, Cleda SF1-A Low Density Residential 0.92 11. Germany, Karen & Brent SF1-A Low Density Residential 0.91 Low Density Residential, Medium Density 12. Scheibel, Tracy E SF1-A 1.04 Residential, Public/Semi-Public Case No. Attachment D ZA08-072 Page 1 13. Scheibel, Tracy E SF1-A Low Density Residential 0.50 100-Year Flood Plain, Low Density 14. Azamar, Peter SF1-A 0.67 Residential 100-Year Flood Plain, Low Density 15. Oates, Richard K Etux Cindy SF1-A 1.40 Residential 100-Year Flood Plain, Low Density 16. Azamar, Peter SF1-A 0.38 Residential 17. Azamar, Peter SF1-A Low Density Residential 0.34 18. Gateway Church NRPUD Mixed Use 6.61 19. Vision Southlake Dev Llc SP2 Mixed Use, Public/Semi-Public, Mixed Use 14.82 Case No. Attachment D ZA08-072 Page 2 Surrounding Property Owner Responses Cotswold Valley (F.K.A. Estancia) Notices Sent: Nineteen (19) Responses Received: None (0) Case No. Attachment E ZA08-072 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-509a 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 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT TO “R- PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS, 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 “R-PUD” Residential Planned Unit Development 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 Case No. Attachment F ZA08-072 Page 1 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 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 Case No. Attachment F ZA08-072 Page 2 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 Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres, and more fully and completely described in exhibit “A” from “R- PUD” Residential Planned Unit Development District to “R-PUD” Residential Planned Unit Development District as depicted on the approved Development Plan, including “R-PUD” development standards, attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Case No. Attachment F ZA08-072 Page 3 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 ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. Case No. Attachment F ZA08-072 Page 4 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 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 Case No. Attachment F ZA08-072 Page 5 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of _____________, 2008. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Case No. Attachment F ZA08-072 Page 6 DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA08-072 Page 7 EXHIBIT “A” Being Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres. Case No. Attachment F ZA08-072 Page 8 EXHIBIT “B” Case No. Attachment F ZA08-072 Page 9 PROPOSED “R-PUD” USES & REGULATIONS Case No. Attachment F ZA08-072 Page 10 Case No. Attachment F ZA08-072 Page 11 Case No. Attachment F ZA08-072 Page 12 Case No. Attachment F ZA08-072 Page 13 Case No. Attachment F ZA08-072 Page 14