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Item 7C Department of Planning & Development Services S T A F F R E P O R T March 31, 2010 CASE NO: ZA10-001 PROJECT: Zoning Change and Site Plan for Carroll ISD Elementary School EXECUTIVE SUMMARY: On behalf of Carroll Independent School District, Hart, Gaugler and Associates, Inc. is requesting a Zoning Change and Site Plan from “SF-1A” Single Family Residential District to “S-P-1” Detailed Site Plan District for a new elementary school on 17.737 acres located at 2520 and 2530 N. White Chapel Blvd. SPIN #1 REQUEST DETAILS: The applicant is proposing to build a one-story, 94,000 square foot elementary school for Carroll ISD. The following changes have been made to the site plan and landscape plan since approval at the March 4, 2010 Planning and Zoning Commission meeting: 1. At the request of neighbors living to the south of the school property, the staff parking located near their property has been shifted west and parallel parking has replaced some of the head in parking previously proposed. 2. The height of the wrought iron fence along the southern property line has been adjusted to 6’ and the start and end points of the fence types along the southern boundary have been revised to match the height and location of the existing wrought iron fence. 3. Plantings in the bufferyards have been relocated to provide some additional plantings along the western property line. Variance Request Section 5.2(d) of Driveway Ordinance No. 634 requires a stacking depth of one hundred feet (100’). The applicant is requesting stacking depth of seventy-five feet (75’). ST ACTION NEEDED: Consider 1 reading approval of a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to Slide Show (D) SPIN reports dated November 23, 2009 and March 29, 2010 (E) Site Plan Review Summary No. 5, dated March 31, 2010 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-594 for Commission and Council Members Only (H) Full Size Plans () Case No. ZA10-001 Page 1 STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA10-001 Page 2 BACKGROUND INFORMATION OWNER: Carroll ISD APPLICANT: Hart, Gaugler & Associates, Inc. PROPERTY SITUATION: 2520 and 2530 N. White Chapel Blvd. LEGAL DESCRIPTION: Lots 1 & 2, Stanford Place Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: - A plat showing for Lots 1 & 2 Stanford Place was filed July 2, 1979. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was held November 23, 2009 (see attached report). A second SPIN meeting was held March 29, 2010 (see attached report). SOUTHLAKE 2025 PLAN Consolidated Land Use Plan The underlying land use designation is Medium Density Residential and the proposed change in zoning is consistent with the existing designation. Pathways Master Plan & Sidewalk Plan An 8’ multi-use trail along the west side of N. White Chapel Blvd. is identified on the Pathways Plan as being programmed and is shown on the site plan. An on-street bikeway is planned for N. White Chapel Blvd. Environmental Resource Protection Plan The Environmental Resource Protection Map shows an area of trees to be preserved (darker green) if possible at the northwestern portion of the property. The Tree Conservation Plan indicates that the majority of these trees will be preserved. Please note that a tree survey was not done for every tree at the northwestern corner of the lot. Instead, a Tree Preservation Area has been designated on the Site Plan and on the Tree Conservation Plan. Case No. Attachment A ZA10-001 Page 1 Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. White Chapel Blvd. to be a 2- lane collector street with 70 feet of right-of-way. Adequate right-of-way is shown to be dedicated for this roadway. TRANSPORTATION ASSESSMENT: Existing Area Roadway Network Access to the proposed development will be from N. White Chapel Blvd. The driveway connection to Orchard Hill Drive will be gated with a Knox box provided for emergency access only. Traffic Impact Analysis Link to Traffic Impact Analysis WATER & SEWER: The property is served by an existing 12” water line along N. White Chapel Blvd. and an existing 8” water line in Orchard Hill Drive. The sanitary sewer for the property will connect to an existing 8” line in Orchard Hill Drive. DRAINAGE ANALYSIS: Drainage on the western part of the property will sheet flow to the west as it does in the current condition. Drainage on the eastern half of the property will flow to a drainage ditch along N. White Chapel Blvd. and to a detention pond at the northeast corner of the property. TREE PRESERVATION: For site grading and drainage purposes, existing trees outside of the proposed building pad are proposed to be removed. These existing trees are mostly located on the west side of the building where it is heavily wooded. The submitted Tree Conservation Plan designates a Protected Tree Boundary at the limits of the proposed grade changes. Case No. Attachment A ZA10-001 Page 1 PLANNING & ZONING COMMISSION ACTION: March 3, 2010; Approved (5-0) granting the variance request for the seventy- five (75’) foot driveway stacking requirement; noting that the applicant will revisit the parking issue on the south side of the property and move that as much as possible to the west, to eliminate or move as far away from the south boundary as possible the staff parking; also noting the applicant will revisit the landscape plan for the west side of the property and that the east side landscaping will more closely resemble the renderings that were presented at the meeting; also noting the fence on the south side not to be stockade fencing but rather to be board on board; also noting the paving outlines to be added as the striping for the turf-create overflow parking; and noting the applicants willingness to meet and work with the neighbors prior to the City Council meeting; and subject to Site Plan Review Summary No. 3, dated February 17, 2010. STAFF COMMENTS: Site Plan Review Summary No. 5, dated March 30, 2010 is attached. Case No. Attachment A ZA10-001 Page 1 Case No. Attachment B ZA10-001 Page 1 PLANS AND SUPPORT INFORMATION - LINK TO SLIDE SHOW S-P-1 REGULATIONS AND VARIANCE REQUEST APPROVED AT P&Z 3/4/10 Case No. Attachment C ZA10-001 Page 1 S-P-1 REGULATIONS AND VARIANCE REQUEST SUBMITTED 3/30/10 (Parking numbers have been revised) Case No. Attachment C ZA10-001 Page 2 DESIGN NARRATIVE Case No. Attachment C ZA10-001 Page 3 Case No. Attachment C ZA10-001 Page 4 Case No. Attachment C ZA10-001 Page 5 SITE PLAN APPROVED AT P&Z MARCH 4, 2010 Case No. Attachment C ZA10-001 Page 6 REVISED SITE PLAN SUBMITTED MARCH 31, 2010 v Case No. Attachment C ZA10-001 Page 7 SPIN MEETING REPORT NOVEMBER 23, 2009 CASE NO. N/A – case has not been formally submitted to the City PROJECT NAME: Carroll ISD Elementary School SPIN DISTRICT: SPIN # 1 MEETING DATE: November 23, 2009 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Twenty-four (24)  SPIN REPRESENTATIVE(S) PRESENT: Mike Terry (#6), Ray Tremain (#9)  APPLICANT(S) PRESENTING: John Blacker, Hart Gaugler and Assoc., Inc.  STAFF PRESENT: Ken Baker, Director of Planning and Development Services, Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation The property is located 2520 and 2530 North White Chapel Boulevard and is approximately 17.8 acres. The property is adjacent to the Kirkwood Hollow subdivision on the north, west, and south boundaries. Development Details CISD is proposing to construct a one-story elementary school. There are three (3) driveways proposed; two (2) off of White Chapel Blvd. and one (1) off of Orchard Hill Dr. Swing gates are also proposed. There is a 500 sf. covered canopy for shade proposed for pick up and drop off location. The developer is attempting LEED certification with this development. QUESTIONS & DISCUSSION QUESTION: Why do you want street access from Orchard Hill Drive? RESPONSE: As a convenience for the neighborhood. QUESTION: Will you be reinforcing the fence on the SW corner? We are concerned because of the community pool. RESPONSE: We will be replacing the fence. We are looking at black vinyl chain link but are open to discuss material options. QUESTION: Will you ever develop the northwest corner of this property? RESPONSE: There are no plans to develop that corner. QUESTION: Do you know the anticipated attendance? RESPONSE: No, but it is solely elementary students. QUESTION: Will we have another chance to voice our opinions? RESPONSE: Yes, there will be public hearings held at P&Z and City Council. Case No. Attachment D ZA10-001 Page 1 QUESTION: Is the building all brick? RESPONSE: Yes. QUESTION: Are there any playing fields planned? RESPONSE: No, just a playground area. ADDITIONAL CONCERNS:  Bus noise on the south side  Fencing for privacy and safety  Safety lighting in the northwest corner wooded area; teens loitering  Drainage/watershed  Lighting  Sidewalks  Driveway off of Orchard Hill Drive – make it a foot path only  Parking adjacent to residential  Sewer tie in to Orchard Hills – previous issues  Construction traffic  Roundabout construction SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA10-001 Page 2 SPIN MEETING REPORT MARCH 29, 2010 CASE NO. ZA10-001 PROJECT NAME: Carroll ISD Elementary School SPIN DISTRICT: SPIN # 1 MEETING DATE: March 29, 2010 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Thirty-five (35)  SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain (#9), Ron Evans (#10)  APPLICANT(S) PRESENTING: John Blacker, Hart Gaugler and Assoc., Inc., John Haugen, Natex Corporation Architects, Derek Citty, Carroll ISD, Shane Garthoff, Garthoff Design Landscape Architecture  STAFF PRESENT: Ken Baker, Director of Planning and Development Services, Richard Schell, Planner II STAFF CONTACT: Richard Schell, (817)748-8602; rschell@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation The property is located 2520 and 2530 North White Chapel Boulevard and is approximately 17.8 acres. The property is adjacent to the Kirkwood Hollow subdivision on the north, west, and south boundaries. Development Details CISD is proposing to construct a one-story, 94,000 square foot elementary school. Two driveways are proposed on White Chapel Blvd. The northern drive will be for parents to drop off and pick up students. The southern drive will be primarily for bus traffic, access to staff parking and deliveries. A third drive on Orchard Hill Dr. will be used for emergency access and other There is a 500 sf. covered canopy for shade proposed for pick up and drop off location. The developer is seeking LEED certification for this development. QUESTIONS & DISCUSSION QUESTION: Why install an 8’ fence along the southern property boundary when a 6’ fence is already there? RESPONSE: The zoning ordinance requires an 8’ screen. QUESTION: Why is parking still on the south side of the school instead of moving it to the north? RESPONSE: There are drainage issues with moving parking to the north and it is preferable to separate bus traffic and staff parking access from the student drop off and pick up area. QUESTION: Why can’t you move teacher parking to where the overflow parking is shown in front of the school? Case No. Attachment D ZA10-001 Page 3 RESPONSE: It works best to separate staff parking from the drop off area. QUESTION: Will the gate on Orchard Hill be locked? RESPONSE: There will be a swing gate that will be kept locked. The drive will only be used for emergency and other access as needed. There will also be a lockable pedestrian gate that will initially be left open. CONCERN: Parents will drop students off on Orchard Hill Drive if there is pedestrian access. RESPONSE: CISD will ask the City to install “No Parking” and “No Stopping” signs along Orchard Hill Drive and the area will be monitored by CISD staff for a couple of weeks at the beginning of the school year. If a drop off problem persists, the CISD would ask the Southlake Police Services to write tickets, if possible. QUESTION: Is there any guarantee that the drive on Orchard Hill will not someday be used as a bus route? RESPONSE: The school has a fifty year life span. We can’t guarantee that. We design as much flexibility into the school site as possible. CONCERN: With only one entrance on White Chapel for drop off and pick up, the traffic will back up in the left turn lane. RESPONSE: There is greater internal stacking compared to other elementary schools in the district. The left turn lane will hold five or six cars between the northern driveway and the southern entrance for buses. QUESTION: How many cars will be coming from the south on White Chapel? RESPONSE: Approximately 90% of the school traffic will come from the south and about 10% will come from the north. CONCERN: White Chapel can’t handle the traffic for The Clariden School and this school. The traffic may back up to the roundabout at Dove and White Chapel. QUESTION: How tall are the light poles? RESPONSE: Twenty feet on top of a two foot pedestal. There will be zero light at the property lines. LED lights will be used. QUESTION: Will there be light poles out front? RESPONSE: Yes. QUESTION: Can you provide renderings of the view from Orchard Hill showing the driveway, landscaping and parking? COMMENT: There needs to be more landscaping along the western property line. QUESTION: Will you consider irrigating the play area? RESPONSE: We don’t know yet exactly which areas will be irrigated. We don’t want to irrigate too close to existing post oak trees and it wouldn’t be environmentally responsible to waste a lot of water. QUESTION: Will there be a buffer zone between the 8’ school fence and the residents’ existing 6’ fences? RESPONSE: There will be about a one foot space in between the fences. The residents can tie into the school fence if they so choose. Case No. Attachment D ZA10-001 Page 4 QUESTION: How many cars do you expect for special events? RESPONSE: The school district will look at ways to accommodate parking on the school site, such as perhaps breaking up open houses into grade levels. QUESTION: If the pedestrian gate from Orchard Hill is locked, students from Kirkwood Hollow would have to walk down to Dove and then north on White Chapel. What is the construction timeline for the sidewalk along White Chapel from Dove to the school property? QUESTION: Can you use grasscrete on the driveway to Orchard Hill Drive? RESPONSE: Maintenance is an issue. It’s not feasible considering the school has a fifty year life cycle. . ADDITIONAL CONCERNS:  Tree preservation area  Power line along southern property line. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA10-001 Page 5 SITE PLAN REVIEW SUMMARY ZA10-001Five03/31/10 Case No.: Review No.: Date of Review: Site Plan Project Name: APPLICANT: John Blacker OWNER: Derek Citty Hart, Gaugler & Associates Carroll ISD 12801 N. Central Expy. Suite 1400 3051 Dove Rd Dallas, TX 75243 Grapevine, TX 76051 Phone: (972) 239-5111 Phone: (817) 949-8218 Fax: (972) 239-5055 Fax: (817) 949-8229 E-Mail: jblacker@hartgaugler.com E-Mail: dcitty@cisdmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/30/10 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 RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072. 1. Provide overall height and width dimensions on the elevations that match the dimensions shown on the site plan. 2. Driveway Ord. No. 634 requires 100’ of stacking depth if there are over 200 total parking spaces. Since the total parking with overflow included will be over 200 spaces, please provide a variance A variance request letter has been submitted. request letter to allow 75’ of stacking depth. Case No. Attachment E ZA10-001 Page 1 Tree Conservation/Landscape Review Keith Martin Landscape Administrator (817) 748-8229 kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. For site grading and drainage purposes, existing trees outside of the proposed building pad are proposed to be removed. These existing trees are mostly located on the west side of the building where it is heavily wooded. The submitted Tree Conservation Plan designates a Protected Tree Boundary at the limits of the proposed grade changes. * 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. INTERIOR LANDSCAPE: Water Conservation: The City would like to promote the use of efficient irrigation methods and practices. Where possible in planting beds, flood irrigation, porous pipe or emitter/drip systems should be utilized. Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. Case No. Attachment E ZA10-001 Page 2 Public Works/Engineering Review Michelle McCullough, P.E. Civil Engineer (817) 748-8274 mmccullough@ci.southlake.tx.us WATER AND SANITARY SEWER COMMENTS: 1. The preliminary plans indicate that a manhole will be constructed in Orchard Hill Drive to connect the proposed sewer to the existing sewer. The City records indicate that this manhole already exists. The survey submitted to the City also indicates this manhole as existing. If the intent is to remove and replace please reflect this on the plans. If the intent is to core into the existing manhole then indicate this on the plans. * Water meters and fire hydrants shall be located in an easement or in the ROW. * All water and sanitary sewer lines in easements or in the ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. If the design will include any type of retaining wall that is part of a detention pond / structure will need to be designed by a licensed engineer and a detail provided in the construction plans. 2. A drainage easement for the proposed detention pond should be provided on all appropriate sheets. * The difference between pre and post development runoff shall be captured in the detention pond. The proposed detention pond shall control the discharge of the 5, 10 and 100 year storm events. * Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. A copy of the SWPPP, if required, will need to be submitted to the Public Works department * prior to a pre construction meeting being scheduled. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Additional comments may need to be addressed once detailed engineering is completed and construction plans submitted to the Public Works department for a more detailed review. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. *=Denotes informational comment. Case No. Attachment E ZA10-001 Page 3 Informational Comments: * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.13.a.1 is required on proposed buildings. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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 E ZA10-001 Page 4 Surrounding Property Owners CISD Elementary School SPO # Owner Zoning Land Use Acreage Response Williams, Brian D Etux Darla R SF1-A Low Density Residential 1.50 1. NR Williams, Brian D Etux Darla R SF1-A Low Density Residential 1.91 2. NR Schelling, Martin W AG Low Density Residential 9.94 3. NR Mesenbrink, Daniel S Etux M L RPUD Medium Density Residential 0.67 4. NR Nelson, Rodney K RPUD Medium Density Residential 0.50 5. NR Tutle, Paul & Dianna RPUD Medium Density Residential 1.17 NR 6. Barbeire, Stacy L RPUD Medium Density Residential 0.71 NR 7. Newman, Patrick Etux Beth RPUD Medium Density Residential 0.83 8. NR McIntire, Jas & Barbara Hosler RPUD Medium Density Residential 0.70 9. NR Ireland, Grant Etux Carol RPUD Medium Density Residential 0.66 10. NR Jahraus, Garth Etux Denise RPUD Medium Density Residential 0.69 11. O Case No. Attachment F ZA10-001 Page 1 Moore, Michael Etux Ricka RPUD Medium Density Residential 0.81 12. NR Vaughan, William H Jr Etux K H RPUD Medium Density Residential 0.92 13. NR Harsy, Douglas R Etux Jaril L RPUD Medium Density Residential 0.72 14. NR Foraker, Chester E RPUD Medium Density Residential 0.72 15. NR Kirkwood Hollow Homeowners,Asn RPUD Medium Density Residential 0.70 16. NR Kirkwood Hollow Homeowners,Asn RPUD Medium Density Residential 0.09 17. NR Southlake, City Of RPUD Medium Density Residential 2.29 18. NR Hubel, Peter H Etux Shelly D RPUD Medium Density Residential 0.60 19. NR Sharkey, Mark A RPUD Medium Density Residential 0.57 20. O U Stringer, Bennie RPUD Medium Density Residential 0.53 21. NR Thompson, Milton Etux Martha RPUD Medium Density Residential 0.71 22. NR Kingsley, Renee Etvir Wm E Iii RPUD Medium Density Residential 0.58 23. NR Brazie, Lisa Etvir Randy RPUD Medium Density Residential 0.65 24. O Litwin, Mark S RPUD Medium Density Residential 0.51 25. O Klopfer, John D Etux Karen W RPUD Medium Density Residential 0.40 26. O Wilde, Olusegun B RPUD Medium Density Residential 0.49 27. O Miller, Ward Etux Gabriella RPUD Medium Density Residential 0.46 28. O Gildenblatt, Tom Etux Phyllis RPUD Medium Density Residential 0.41 29. NR Kirkwood Hollow Ho Assoc RPUD Medium Density Residential 0.74 30. NR Khurshid, Anwar RPUD Medium Density Residential 0.57 31. NR McCaw, Jeffrey G Etux Cindy RPUD Medium Density Residential 0.38 32. O O'Brian, Douglas Etux Tammy RPUD Medium Density Residential 0.37 33. O Rae, Gary S Etux Patricia (per certified tax roll) 34. O Woolsey, Matt Etux Anne L (current owner) RPUD Medium Density Residential 0.40 Sanford, Roger L Etux Corey RPUD Medium Density Residential 0.36 35. O Sowell, Jerald Etux Kimberly RPUD Medium Density Residential 0.47 36. NR Brown, Dan G Etux Regina RPUD Medium Density Residential 0.40 37. NR Southlake, City Of RPUD Medium Density Residential 0.67 38. NR Kirkwood Hollow Ho Assoc RPUD Medium Density Residential 0.46 39. NR Kirkwood Hollow Home Own Ass RPUD Medium Density Residential 0.14 40. NR Carroll ISD SF1-A Medium Density Residential 7.08 41. NR Carroll ISD SF1-A Medium Density Residential 10.72 42. NR Tate, Robert Etux Beverly AG Low Density Residential 1.14 43. NR Tate, J R Etux Kathryn AG Low Density Residential 4.50 44. NR Hadley, Robert Etux Julie AG Low Density Residential 1.90 45. NR Schelling, Martin W AG Low Density Residential 1.05 46. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-six (46) Responses Received Within 200 Feet: Eleven (11) - Attached Responses Received Outside 200 Feet: Seven (7) - Attached Case No. Attachment F ZA10-001 Page 2 Surrounding Property Owner Responses Within 200 Feet Case No. Attachment F ZA10-001 Page 3 Case No. Attachment F ZA10-001 Page 4 Case No. Attachment F ZA10-001 Page 5 Case No. Attachment F ZA10-001 Page 6 Case No. Attachment F ZA10-001 Page 7 Case No. Attachment F ZA10-001 Page 8 Case No. Attachment F ZA10-001 Page 9 Case No. Attachment F ZA10-001 Page 10 Case No. Attachment F ZA10-001 Page 11 Case No. Attachment F ZA10-001 Page 12 Case No. Attachment F ZA10-001 Page 13 Case No. Attachment F ZA10-001 Page 14 Surrounding Property Owner Responses Outside 200 Feet Case No. Attachment F ZA10-001 Page 15 Case No. Attachment F ZA10-001 Page 16 Case No. Attachment F ZA10-001 Page 17 Case No. Attachment F ZA10-001 Page 18 Case No. Attachment F ZA10-001 Page 19 Case No. Attachment F ZA10-001 Page 20 Case No. Attachment F ZA10-001 Page 21 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-594 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 LOTS 1 AND 2, STANFORD PLACE ADDITION, AND ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.737 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE 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, Case No. Attachment G ZA10-001 Page 1 WHEREAS, the hereinafter described property is currently zoned as “SF-1A” Single Family Residential 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 Case No. Attachment G ZA10-001 Page 2 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. 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: Case No. Attachment G ZA10-001 Page 3 Being legally described as Lots 1 and 2, Stanford Place Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat recorded in Volume 388-128, Page 79, Plat Records, Tarrant County, Texas, being approximately 17.737 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential District to “S-P-1” Detailed Site Plan District with “CS” Community Service District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Reserved for approved S-P-1 Regulations and Variance Request Letter 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, Case No. Attachment G ZA10-001 Page 4 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. 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 Case No. Attachment G ZA10-001 Page 5 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. Case No. Attachment G ZA10-001 Page 6 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 ______, 2010. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ______day of ______, 2010. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ Case No. Attachment G ZA10-001 Page 7 ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA10-001 Page 8 EXHIBIT “A” Being legally described as a Lots 1 and 2, Stanford Place Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the Plat recorded in Volume 388-128, Page 79, Plat Records, Tarrant County, Texas, being approximately 17.737 acres: Case No. Attachment G ZA10-001 Page 9 EXHIBIT “B” Reserved for Approved Site Plan Case No. Attachment G ZA10-001 Page 10