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Item 4E Department of Planning & Development Services S T A F F R E P O R T June 11, 2008 ZA08-037 CASE NO: Zoning Change and Concept Plan for 1780 N. Kimball Avenue PROJECT: REQUEST: Mr. Martin Prinz is requesting approval of a Zoning Change and Concept Plan from “AG” Agricultural District to “SF-30” Single-Family Residential District for the construction of a new residence on 0.981 acre located at 1780 N. Kimball Avenue. No variances are being requested. Consider first reading for a zoning change and concept plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map Link to PowerPoint Presentation (C) Plans and Support Information – (D) Concept Plan Review Summary No. 2, dated May 30, 2008 (E) Surrounding Property Owners Map (F) Surrounding Property Owner Responses (G) Ordinance No. 480-563 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817)748-8067 Clayton Comstock (817)748-8269 Case No. ZA08-037 BACKGROUND INFORMATION OWNER/APPLICANT: Martin Prinz PROPERTY SITUATION: 1780 N. Kimball Avenue LEGAL DESCRIPTION: Tract 1D, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “SF-30” Single-Family Residential District (min. 30,000 SF) TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends Johnson Road to be a 2-lane, undivided collector with 70 feet of right-of-way. The appropriate amount of Right-of-way will be dedicated for this roadway. Existing Area Road Network and Conditions The proposed lot has direct access onto N. Kimball Ave, a 2-lane, undivided collector roadway. May 2007 traffic counts on N. Kimball Ave (between E. Dove Street and Southlake City Limit) 24hr 1,6971,665 West Bound (NB) () East Bound (SB) () NB 91192 Peak A.M. () Peak P.M. () 11:00PM—12:00PM 5:45PM—6:45PM SB 157135 Peak A.M. () Peak P.M. () 7:15AM – 8:15AM 12:45PM – 1:45PM Traffic Impact There will be no additional traffic impact, as an existing residence is proposed to be replaced by a new residence. PATHWAYS MASTER PLAN: A 6-foot paved pathway is planned along N. Kimball Ave connecting Meadowmeare Park to E. Dove Street (Trail Segment 19). This 6-foot walkway is identified on the applicant’s concept plan; however they are exempt from the construction requirement under Section 5.06.B of Subdivision Ordinance 483. The applicant does not intend nor is required to construct the sidewalk shown on the Concept Plan provided. SOUTHLAKE 2025: The underlying land use designation is Medium Density Residential. The proposed development is consistent with the Medium Density Residential designation. WATER & SEWER: No sanitary sewer currently exists in the vicinity of this request. A 2-inch Case No. Attachment A ZA08-037 Page 1 waterline exists in N. Kimball Ave and currently serves the site. DRAINAGE ANALYSIS: Drainage from this site is generally to the northwest. TREE PRESERVATION: Although a number of oaks are proposed to be removed from the interior of the lot, a larger number of trees are proposed to be saved. Those trees being saved include a number of oaks around the perimeter of the lot and in front of the proposed residence. ZBA ACTION: May 29, 2008; Approved (5-0) a variance to allow an on-site septic system on a lot of less than one acre. P&Z ACTION: June 5, 2008; Approved (5-0) subject to Concept Plan Review Summary No. 2, dated May 30, 2008; as presented. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated May 30, 2008. N:\Community Development\MEMO\2008cases\037 - ZCP - 1780 N Kimball Ave\08-037ZCP P&Z 6-5.doc Case No. Attachment A ZA08-037 Page 2 Case No. Attachment B ZA08-037 Page 1 CONCEPT PLAN Case No. Attachment C ZA08-037 Page 1 CONCEPT PLAN REVIEW SUMMARY ZA08-037Two05/30/08 Case No.: Review No.: Date of Review: Concept Plan – Lot 28, F. Throop No. 1511 Addition (1780 N. Kimball Ave) Project Name: OWNER/APPLICANT: SURVEYOR: Martin Prinz Loyd Bransom Surveyors, Inc. – Mark Dorsey 1780 N. Kimball Ave 1028 N. Sylvania Ave Southlake, TX 76092 Fort Worth, TX 76111 P: (214)808-2195 P: (817)834-3477 F: (817)831-9818 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/19/08AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT CLAYTON COMSTOCK AT (817)748-8269. * Variance was approved by the Zoning Board of Adjustment (5-0) on May 29, 2008 for the installation of an on-site septic system on a lot of less than 1-acre. * This property is exempt from the sidewalk installation requirement under Subdivision Ordinance No. 483 (Section 5.06). * The building footprint shown on the Concept Plan represents the applicant’s desired location for their residence. This location may require adjustment depending on whether the garage is designed as a detached or attached accessory building and may also be dependent upon final site grading requirements. The applicant has considered these possibilities in the preparation of their Tree Conservation Plan. * The applicant should be aware that the maximum aggregate area for all accessory building(s) is 750 square feet in the SF-30 zoning district. If the garage is designed as part of the principal building (attached accessory use/building), all other portions of the garage and principal building must meet the minimum front side and rear yard setbacks for principal buildings in the SF-30 district. If the garage is designed as a detached accessory building and exceeds 750 square feet as currently shown, a Special Exception Use (SEU) must be granted by the Zoning Board of Adjustment (ZBA). * 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. * Any variance requests have to be documented in writing and fully justified. * 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, and a 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. Case No. Attachment D ZA08-037 Page 1 * 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. * Denotes Informational Comment Case No. Attachment D ZA08-037 Page 2 Surrounding Property Owners 1780 N. Kimball Avenue SPO # Owner Zoning Land Use Acreage 1. McPherson, Rickey Etux Margie SP2 Retail Commercial 3.227 2. Prinz, Martin W AG Medium Density Residential 1.188 3. Muntz, Weston & Georgine AG Medium Density Residential 0.591 4. Davidson, Steven Richard AG Medium Density Residential 0.577 5. Davidson, Steven R Etux Cheryl AG Medium Density Residential 0.986 6. Cheatham Partners AG Medium Density Residential 0.993 7. City of Grapevine NA NA NA Case No. Attachment E ZA08-037 Page 1 Surrounding Property Owner Responses 1780 N. Kimball Avenue Notices Sent: Seven (7) Responses Received: One (1) 1) Weston & Georgina Muntz Notification , 2702 Cobblestone Dr., Southlake, TX; submitted a In Favor Of Response Form stating on April 3, 2008 (attached). Case No. Attachment F ZA08-037 Page 1 Case No. Attachment F ZA08-037 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-563 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 1D, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 1.006 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-30” 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 District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA08-037 Page 1 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 those who bought or improved property with reference to the classification which existed at the time Case No. Attachment G ZA08-037 Page 2 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 1D, Francis Throop Survey, Abstract No. 1511, being approximately 1.006 acre, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-30” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 1. Case No. Attachment G ZA08-037 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in Case No. Attachment G ZA08-037 Page 4 those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least 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 Case No. Attachment G ZA08-037 Page 5 its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ____ day of _________, 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: Case No. Attachment G ZA08-037 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA08-037 Page 7 EXHIBIT “A” Being legally described as Tract 1D, Francis Throop Survey, Abstract No. 1511, being approximately 1.006 acre, and more fully and completely described as follows: Case No. Attachment G ZA08-037 Page 8 EXHIBIT “B” Concept Plan Case No. Attachment G ZA08-037 Page 9 Case No. Attachment G ZA08-037 Page 10 Case No. Attachment G ZA08-037 Page 11