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Item 4G Department of Planning & Development Services S T A F F R E P O R T October 13, 2010 CASE NO: ZA10-053 PROJECT: Zoning Change and Concept Plan for 1742 Our Lane EXECUTIVE SUMMARY: On behalf of Kathleen and Paul Spencer, Sands Surveying Corp. is requesting approval of a zoning change and concept plan from “AG” Agricultural District to “SF- 1A” Single Family Residential District for an existing tract at 1742 Our Lane, being described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068 and being approximately 1.058 acres. REQUEST: The property at 1742 Our lane is currently for sale. A prospective buyer would like to remove the mobile home that sits on the property and build a new home. Since the tract has to be rezoned and platted before a building permit can be issued, the property owners are requesting approval of a zoning change and concept plan so that they can sell the existing tract as a buildable lot. If the request is approved, the applicant will submit an application for a one-lot plat showing, which can be administratively approved. VARIANCE REQUESTED: v Aariance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street, is requested. Our Lane is currently a private street that doesn’t meet the Subdivision Ordinance requirements in Section 5.05(A) requiring private streets to conform to the same standards regulating public streets and to be maintained by a homeowner’s association. The applicant is requesting a variance to allow the proposed lot to front on Our Lane as it currently exists. st ACTION NEEDED: Consider 1 reading approval of a zoning change and concept plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Concept Plan Review Summary No. 2 dated October 6, 2010 (E) Surrounding Property Owners Map and Responses (F) Ord. No. 480-600 for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA10-053 BACKGROUND INFORMATION OWNER: Kathleen and Paul Spencer APPLICANT: Sands Surveying Corp. PROPERTY SITUATION: 1742 Our Lane LEGAL DESCRIPTION: , Tract 2B2AWilliam H. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural Zoning District REQUESTED ZONING: “SF-1A” Single-Family Residential District HISTORY: -A mobile home with approximately 1,120 square feet of livable floor space that was built in 1970 exists on the property (Source: Tarrant Appraisal District). SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to “SF-1A” Single Family Residential District is consistent with this land use designation. TRANSPORTATION ASSESSMENT: The proposed concept plan shows one residential lot. There is currently one mobile home on the property. Therefore, there will not be a significant increase in the number of trips to and from the property with this request for a zoning change. PATHWAYS MASTER PLAN: The subject property is exempt from the sidewalk requirement because sidewalks do not exist on both sides of the lot and the lot is not located within 1500’ of a public or private school on the same side of the street. WATER & SEWER: This site is serviced by a 2” water line along Our Lane. City sewer is not available, so the site is served by a private septic system. DRAINAGE COMMENTS: There appears to be a high point on this lot. Storm water currently would flow in all directions from the high point on this lot. A grading plan will be required prior to issuance of a building permit. TREE PRESERVATION: Six (6) existing trees are proposed to be removed that would presumably fall into the building pad of a proposed structure. Twenty-three (23) trees are proposed as “Borderline” trees that would be at the edge of the building pad and within a driveway. PLANNING & ZONING COMMISSION: October 7, 2010; Approved (7-0), granting the variance to Subdivision Ord. 483 requiring that all lots front on a public or private street and subject to Concept Plan Review Summary No. 2 dated October 6, 2010. Case No. Attachment A ZA10-053 Page 1 STAFF COMMENTS: Concept Plan Review Summary No. 2 dated October 6, 2010 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA10-053 Page 2 Case No. Attachment B ZA10-053 Page 1 Plans and Support Information – Link to PowerPoint Presentation Concept Plan Case No. Attachment C ZA09-053 Page 1 Tree Conservation Plan Case No. Attachment C ZA09-053 Page 2 CONCEPT PLAN REVIEW SUMMARY ZA10-053Two10/06/10 Case No.: Review No.: Date of Review: Concept Plan– 1742 Our Lane Project Name: APPLICANT: OWNER: Scott Cole Sands Surveying Corp. Kathleen Spencer – Contact is Paul Spencer 1001 W. Euless Blvd. Ste 107 1901 Central Dr. Euless, TX 76040 Bedford, TX 76021 Phone: (817) 355-5253 Phone: (817) 283-7202 E-mail: surveying@sandssurveyingtx.com E-mail: paul.spencer@sbcglobal.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/5/10 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. Tree Conservation/Landscape Review Keith Martin Landscape Administrator (817) 748-8229 kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * Six (6) existing trees are proposed to be removed which would presumably fall into the building pad of a proposed structure. Twenty-three (23) trees are proposed as “Borderline” trees that would be at the edge of the building pad and within a driveway. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Public Works/Engineering Review Michelle McCullough, P.E (817) 748-8274 GENERAL COMMENTS: 1. City sewer service is not available in this area. A septic sewer system will be required to serve this property. WATER COMMENTS: 1. There is a fire hydrant located approximately 450’ from this property on Randol Mill Road. Case No. Attachment D ZA10-053 Page 1 2. A 2” line currently serves this lot. Please note that depending on the size of the residence, the 2” line may not be able to supply adequate flow if the residence was sprinkled. * Water meters shall be located in an easement or in the ROW. DRAINAGE COMMENTS: * There appears to be a high point on this lot. Storm water currently would flow in all directions from the high point on this lot. A grading plan will be required before a building permit can be issued. INFORMATIONAL COMMENTS: * Any hazardous waste being discharged must be pretreated Ordinance No. 836. *Denotes informational comment. Informational Comments: * The gross acreage of the lot is over one acre, so the lot meets the minimum lot size required by Zoning Ord. 480 for private septic systems. However, since the private R.O.W. easement for Our Ln. brings the usable lot size below one acre, staff recommends having a sanitary engineer verify that the lot will support a private septic system of a size suitable to service any proposed future development. Private septic systems are regulated by Tarrant County and not by the City of Southlake. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * 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 D ZA10-053 Page 2 Surrounding Property Owners 1742 Our Lane SPO # Owner Zoning Land Use Acreage Response Shatley, Betsy B AG Low Density Residential 1.13 1. NR Shatley, Josh Lou AG Low Density Residential 0.48 2. NR McGovern, Michael T Etux Lisa SF1-A Low Density Residential 1.11 3. NR Schimmel, Gary Etux Lori SF30 Low Density Residential 0.81 4. NR Wiggins, D L Etux Marilaine SF20A Low Density Residential 0.62 5. NR Chidiac, Michael & Karen SF1-A Low Density Residential 1.46 6. F Gill, Kelly L AG Low Density Residential 0.83 7. NR Vann, Jimmy Etal Bruce Vann & AG Low Density Residential 0.82 8. NR Henderson, Berwyn Etux Gloria AG Low Density Residential 0.75 9. NR Vann, Jimmy J Etux Linda S AG Low Density Residential 0.40 10. NR Spencer, Charles Est & Kathlee AG Low Density Residential 0.95 11. NR Breisch, Bruce C AG Low Density Residential 0.22 12. NR Breisch, Bruce C AG Low Density Residential 0.11 13. NR Shatley, Josh AG Low Density Residential 0.61 14. NR Burger, Gene AG Low Density Residential 0.03 15. NR Burger, Gene D AG Low Density Residential 0.08 16. NR Ankerson, Lee Etux Adrianne AG Low Density Residential 0.79 17. NR Shatley, Betsy B AG Low Density Residential 0.84 18. NR Case No. Attachment E ZA10-053 Page 1 Shatley, Josh Lou AG Low Density Residential 0.47 19. NR Johnson, Scott A AG Low Density Residential 0.57 20. NR Holbein, Susan SF1-A Low Density Residential 1.99 21. F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received: Two (2) - Attached Case No. Attachment E ZA10-053 Page 2 Case No. Attachment E ZA10-053 Page 3 Case No. Attachment E ZA10-053 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-600 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 2B2A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068 SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.058 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” 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, Case No. Attachment F ZA10-053 Page 1 WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural 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 F ZA10-053 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 described as Tract 2B2AWilliam H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1.058 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Case No. Attachment F ZA10-053 Page 3 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: 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 Case No. Attachment F ZA10-053 Page 4 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 until final disposition by the courts. Case No. Attachment F ZA10-053 Page 5 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 law, and it is so ordained. st PASSED AND APPROVED on the 1 reading the ___ day of October, 2010. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the ___ day of October, 2010. Case No. Attachment F ZA10-053 Page 6 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA10-053 Page 7 EXHIBIT “A” , Being described as Tract 2B2AWilliam H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1.058 acres, and more fully and completely described below: Case No. Attachment F ZA10-053 Page 8 EXHIBIT “B” Reserved for approved concept plan Case No. Attachment F ZA10-053 Page 9