Loading...
Item 7B Department of Planning & Development Services S T A F F R E P O R T January 30, 2008 ZA07-133 CASE NO: Zoning Change and Development Plan for Lake Forest PROJECT: REQUEST: On behalf of Marylyn Miles, Four Peaks Development is requesting approval of a zoning change and development plan from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development for the purpose of developing 7 residential lots and 1 open space lot on approximately 11.253 acres. Site Data Summary Existing Zoning AG Proposed Zoning R-PUD Land Use Designation Low Density Residential Gross Acreage 11.253 Ac. Net Acreage 10.653 Ac. Area of Open Space 3.46 Ac. (30.79%) Number of Res. Lots 7 Gross Density 0.62 du/ac Net Density 0.65 du/ac Minimum Lot Size 46,840 sq. ft. Maximum Lot Size 75,231 sq. ft. Average Res. Lot Size 57,159 sq. ft. The R-PUD zoning will follow the uses and regulations of the “SF-1A” Single Family Residential District and the City of Southlake Subdivision regulations with the following exceptions:  Maximum Number of Residential Lots = Seven (7)  Minimum Lot Area = 43,560 square feet  Front Yard Setback = Twenty-five feet (25’)  Rear Yard Setback = Forty feet (40’), except Lot 7 shall be twenty-five feet (25’)  Side Yard Setback = Fifteen feet (15’)  Maximum Lot Coverage = Thirty percent (30%), not to exceed 12,000 square feet for the primary house structure.  Minimum Enclosed Air Conditioned Space = 4,000 square feet  Maximum Building Height: No building or structure on any Lot shall exceed twenty- eight feet (28’) in height, such height to be measured and determined in accordance with the customary method being at the midpoint of the highest sloping roof above. Each structure shall have a minimum principle plate height of ten feet (10’) on the first floor, and a minimum plate height of nine feet (9’) on garages, Case No. ZA07-133 unless for a special approved design consideration. All first floor exterior doors shall be at least eight feet (8’) in the main living areas.  Section 8.01D of Subdivision Ordinance No. 483, as amended, regarding side lot lines being perpendicular to the right of way lines or radial in the case of cul de sac or curvilinear design shall not apply to this Residential Planned Unit Development.  Section 5.06B of Subdivision Ordinance No. 483, as amended, regarding the placement of sidewalks on both sides of all public and private streets in all residential subdivisions shall not apply to this Residential Planned Unit Development, except that a 5’ sidewalk shall be required as determined by the approved development plan.  Section 5.02A of Subdivision Ordinance No. 483, as amended, regarding street right-of-way width shall not apply to this Residential Planned Unit Development. The required street right-of-way width shall instead be thirty-one feet (31’). Consider first reading for a zoning change and development plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map Plans and Support Information (C) (Link to PowerPoint Presentation) (D) Development Plan Review Summary No. 4, January 30, 2008. (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA07-133 BACKGROUND INFORMATION OWNER: Marylyn Miles APPLICANT: Four Peaks Development PROPERTY SITUATION: The property is located behind the 2900 block of Burney Lane; physically addressed as 3185 Southlake Park Dr. LEGAL DESCRIPTION: Tract 5, R.D. Price Survey, Abstract No. 1207 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District HISTORY: There is no development history on this property. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan does not make any recommendations for roadways adjacent to the proposed subdivision. Existing Area Road Network and Conditions The proposed subdivision will have access onto Burney Lane. Currently, Burney Lane is a 2-lane, undivided residential roadway. The capacity of the existing roadways is approximately 8,400 vehicle trips per day. Under this condition, the roadways would be considered to operate under a level of service ‘D’. This development is notexpected to warrant expansion of the existing roadway network. No plans for improvement in the near future have been made for Burney Lane. Traffic Impact Use # Lots Vtpd* AM-AM-PM-PM- IN OUT IN OUT Single-Family Residential 7 67 1 4 4 3 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on Burney Lane. PATHWAYS MASTER PLAN: As part of the proposed R-PUD Development regulations, no sidewalks will be required along the proposed cul-de-sac. The applicant has provided a 5’ sidewalk along the neighborhood entry drive that provides pedestrian access to the Lower Walnut Grove Trail (Trail Segment # 6 of the Master Pathways Plan), a network of variable-width natural equestrian/hiking trails along Lake Grapevine. The applicant is proposing to develop the sidewalk in lieu of the normally required park fees ($1,500 per lot). Case No. Attachment A ZA07-133 Page 1 WATER & SEWER: An 8-inch water line exists along the east side of Burney Lane. No sanitary sewer lines are located within close proximity to the site. The applicant is proposing to use private septic systems. DRAINAGE COMMENTS: The development will generally drain west toward the Corps of Engineers property. TREE PRESERVATION: The site is heavily wooded with typical Cross Timber type vegetation of numerous Post Oaks and associated understory vegetation. Other trees that may be existing on the site include Black Hickory, Cedar Elm, Black Jack Oak, Ash and American Elm which would be closer to the floodplain area of the site. Attached is an analysis of the site performed by Urban Forestry Consultants. SOUTHLAKE 2025: Environment Resource Recommendations  Protect and enhance critical environmental and natural features, with particular emphasis on trees and floodplains. Allow floodplains, wetlands, and streams to remain in a natural state and preserve a tree buffer around The Environmental Resource Protection Map specifically these features. identifies most of the site as a priority area for protection. Building pads should be located to maximize tree preservation and to avoid the floodplain . P&Z ACTION: January 17, 2008; Approved (5-2) Development Plan Review Summary No. 3, dated January 11, 2008 and subject to the staff report dated January 11, 2008, and subject to the following:  Subject to the applicant’s PowerPoint presentation and all other materials presented;  Noting the applicant’s willingness to mitigate the front of the O’Connor property with trees to help buffer headlights;  Shifting the entry driveway as far north on the property as possible;  Narrowing the entry driveway to 24 feet of driving surface, allowing for a transition to 31 feet to meet the proposed street, and subject to Fire Marshal’s approval for access;  And, requiring the sidewalk on the south side of the drive. STAFF COMMENTS: A letter from David Jefferson, Registered Sanitarian and Environmental Health Manager for the Tarrant County Public Health Department, regarding the feasibility of on-site septic systems has been provided by the applicant (see Attachment C). Attached is Development Review Summary No. 4, dated January 30, 2008. N:\Community Development\MEMO\2007cases\07-133ZDP.doc Case No. Attachment A ZA07-133 Page 2 Case No. Attachment B ZA07-133 Page 1 Link to PowerPoint Presentation Case No. Attachment C ZA07-133 Page 1 DEVELOPMENT PLAN / PRELIMINARY PLAT Case No. Attachment C ZA07-133 Page 2 Case No. Attachment C ZA07-133 Page 3 Case No. Attachment C ZA07-133 Page 4 Case No. Attachment C ZA07-133 Page 5 Case No. Attachment C ZA07-133 Page 6 Case No. Attachment C ZA07-133 Page 7 Case No. Attachment C ZA07-133 Page 8 Case No. Attachment C ZA07-133 Page 9 Case No. Attachment C ZA07-133 Page 10 Case No. Attachment C ZA07-133 Page 11 Case No. Attachment C ZA07-133 Page 12 Case No. Attachment C ZA07-133 Page 13 Case No. Attachment C ZA07-133 Page 14 DEVELOPMENT PLAN REVIEW SUMMARY ZA07-133Four01/30/08 Case No.: Review No.: Date of Review: Development Plan Project Name: – Lake Forest APPLICANT: Four Peaks Development ENGINEER: Hamilton Duffy PC Tom Matthews Keith Hamilton 726 Commerce St, Suite 109 601 Harwood Rd Southlake, TX 76092 Hurst, TX 76054 Phone: (817) 481-4074 Phone: (817) 268-0408 Fax: Fax: (817) 284-8408 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/30/08 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) 748-8069. 1. Provide an updated Tree Conservation Plan that reflects the development plan as proposed. 2. The following comments are in regard to the narrative letter: a. Revise the zoning proposal letter to reflect the straightened alignment of the driveway onto Letter refers to a driveway onto Burney Lane that aligns with the adjacent Burney Lane. driveway. b. Revise the zoning proposal letter to refer to “Zoning Ordinance No. 480, as amended” in the “Development Regulations” section. 3. Provide a fencing plan and exhibits. Include entry features and streetscape improvements as part of the plan and exhibits. 4. Show the lot width at building line of Lots 1 & 5. If less than 100-feet, provide a regulation in the proposed R-PUD zoning district regulations for a minimum lot width lesser than or equal to the shortest lot width proposed. 5. The following changes are needed with regard to the proposed R-PUD development regulations: development regulation a. Although addressed in the narrative, provide a dismissing any requirement for pedestrian sidewalks interior to the development, but allowing for the proposed 5’ sidewalk. Staff has reflected this regulation in the introductory remarks of this staff report. development regulation b. Although addressed in the narrative, provide a allowing for minimum street R.O.W. width as shown on the proposed development plan. Staff has reflected this regulation in the introductory remarks of this staff report. 6. The following changes are needed with regard to open space: a. The plan shows a 20’ conservation area and drainage easement. Trees that are located within easements are exempt from tree mitigation requirements. Staff is concerned that drainage improvements will require tree removal conflicting with the intent of the proposed conservation area. Case No. Attachment D ZA07-133 Page 1 b. The plan shows a 20’ conservation area overlapping a public access easement AND a utility easement on the west side of the turn into the proposed subdivision. Staff is concerned that utility and pedestrian access improvements will require tree removal conflicting with the intent of the proposed conservation area. Staff recommends excluding this area from Tree Conservation percentage calculations. c. Correct the “General Note” on the Development Plan that refers to a 10’ Equestrian Trail * Accessory buildings are limited to an aggregate total of 600 square feet per lot (refer to Section 30.5). INFORMATIONAL COMMENTS * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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. * A letter of permission from the adjacent property owner(s) on the east must be obtained prior to issuance of a building permit for the construction of the off-site pavement. Case No. Attachment D ZA07-133 Page 2 Surrounding Property Owners Lake Forest SPO # Owner Zoning Land Use Acreage 1. Low Density Residential Stewart, John D Etux Lynda A SF1-A 1.834 2. Low Density Residential Wilson, John N Etux Thelma SF1-A 2.03 3. Low Density Residential Fischbach, Bernard V Etux Barb SF1-A 2.096 4. Low Density Residential Winn, Darin Etux Michele SF1-A 1.949 5. Low Density Residential Fredricks, Jack M Etux Rose E SF1-A 1.952 6. Low Density Residential Housmans, Errol V Etux Leslie SF1-A 1.857 7. Low Density Residential Flora, Ward D Etux Diedra W SF1-A 3.966 8. Low Density Residential Burnett, Patricia H SF1-A 2.05 9. Low Density Residential George, David W SF1-A 1.096 10. Corps of Engineers U S A AG 17.443 11. Low Density Residential Miles, Marylyn E & Etal AG 9.726 12. Corps of Engineers U S A AG 47.231 13. Low Density Residential Shackleford Holdings SF1-A 1.099 14. Low Density Residential George, David SF1-A 0.807 Case No. Attachment E ZA07-133 Page 1 Surrounding Property Owner Responses Lake Forest Notices Sent: Fourteen (14). Responses Received: Seven (7). Surrounding Property Owners Within 200 Feet  Ward & Diedra Flora (SPO #7), Notification Response Form 880 Harbor Ct., submitted a in Opposition on January 9, 2008 (see attached).  Patricia Burnett (SPO #8), Notification Response Form 3510 Burney Ln., submitted a stating Undecided on January 10, 2008 (see attached).  Darin & Michele Winn (SPO #4), Notification Response Form 2950 Burney Lane, submitted a in Opposition on January 14, 2008 (see attached).  John & Lynda Stewart (SPO #1), Notification Response Form 2920 Burney Lane, submitted a in Opposition on January 17, 2008 (see attached).  Jack & Rose Fredricks (SPO #5), Notification Response Form 2960 Burney Lane, submitted a in Opposition on January 24, 2008 (see attached).  John & Thelma Wilson (SPO #2), Notification Response Form 2930 Burney Lane, submitted a in Opposition on January 28, 2008 (see attached).  Bernard & Barbara Fischbach (SPO #3), Response via Petition 2940 Burney Lane, submitted a Opposition in on January 17, 2008 (see attached Petition). Petition Submitted in Opposition (see attached petition)  William & Debra Capps, 2890 Harbor Ridge.  Nancy McArthur, 1095 Harbor Retreat.  Rob & Tina Johnson, 1110 Harbor Retreat.  Terry & Judith Sauder, 1090 Harbor Haven.  Alice Miller, 3540 Burney Lane.  Barbara Hill, 1085 Burney Lane.  Bill Cook, 895 Harbor Court.  Jamie Galis, 885 Harbor Court.  Greg & Marianna Hammer, 1105 Harbor Haven.  Mark & Carol Cox, 1039 Burney Lane.  Jimmy & Tammy Fox, 2935 Burney Lane.  Ray & Dinah Chancellor, 890 Harbor Court.  Alethea Schroen, 2895 Burney Lane.  Leonard & Debbie Ledet, 870 Harbor Court.  Steve & Cathy Curtis, 3580 Burney Lane.  Connie Hitchcock, 1110 Harbor Haven.  Rod & Kathy Stevenson, 1115 Harbor Retreat.  Mary R. Wambsganss, 2915 Burney Lane.  Michael Cope, 3550 Carmel Court.  Allan Hultin, 1075 Harbor Haven.  Ken & Gloria Land, 2900 Burney Lane.  Marge Zielke, 1090 Burney Lane.  Jim Schmidt, 1095 Burney Lane.  John Monrad, 2905 Burney Lane.  Marc & Joan McGaffigan, 2885 Burney Lane. Case No. Attachment F ZA07-133 Page 1  Shay Sabbatis, 850 Harbor Court.  Amy K. Hakert & Amber Miles, 2910 Burney Lane.  Martin & Mary O’Connor, 2965 Burney Lane.  Jay Hartman, 3540 Carmel Court.  William & Kollis Eastwood, 3530 Carmel Court. Case No. Attachment F ZA07-133 Page 2 Case No. Attachment F ZA07-133 Page 3 Case No. Attachment F ZA07-133 Page 4 Case No. Attachment F ZA07-133 Page 5 Case No. Attachment F ZA07-133 Page 6 Case No. Attachment F ZA07-133 Page 7 Case No. Attachment F ZA07-133 Page 8 Case No. Attachment F ZA07-133 Page 9 Case No. Attachment F ZA07-133 Page 10 Case No. Attachment F ZA07-133 Page 11 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-550 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 5, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, AND BEING APPROXIMATELY 11.253 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE DEVELOPMENT 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 ZA07-133 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 Case No. Attachment G ZA07-133 Page 2 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: Being Tract 5, situated in the R.D. Price Survey, Abstract No. 1207, and being Case No. Attachment G ZA07-133 Page 3 approximately 11.253 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development District as depicted on the approved Site Plan 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, 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 Case No. Attachment G ZA07-133 Page 4 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 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 Case No. Attachment G ZA07-133 Page 5