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Item 6ACity of Southlake Department of Planning & Development Services S T A F F R E P O R T March 14, 2007 ZA07-010 CASE NO: Zoning Change and Concept Plan forLot 14, J.G. Allen No. 18 Addition PROJECT: REQUEST: Happy Lyda is requesting approval of a zoning change and concept plan from “AG” Agricultural District to “SF-1A” Single Family Residential District on property located at 2865 Johnson Road and being approximately 1.997 acres. 1. Conduct public hearing ACTION NEEDED: nd 2. Consider approval of 2 reading of zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated March 14, 2007 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-516 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker – (817) 748-8067 Clayton Comstock – (817) 748-8269 Case No. ZA 07-010 BACKGROUND INFORMATION OWNER/APPLICANT: Happy C. and Julia Lyda PROPERTY SITUATION: 2865 Johnson Road LEGAL DESCRIPTION: Tract 2C9, situated in the J.G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “SF-1A” Single Family Residential District HISTORY: There is no development history on this property. 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. Right-of-way will be dedicated for this roadway. Existing Area Road Network and Conditions The proposed lot has direct access onto Johnson Road, a 2-lane, undivided collector roadway. This development will generate approximately 10 vehicle trips per day. May 2006 traffic counts on Johnson Road (between Randol Mill Avenue and Pearson Lane) 24hr 1,0451,136 West Bound (WB) () East Bound (EB) () WB 55169 Peak A.M. () Peak P.M. () 10:45—11:45AM5:00—6:00PM EB 17983 Peak A.M. () Peak P.M. () 7:00 – 8:00 AM 3:15 – 4:15 PM Traffic Impact Use # Lots Vtpd* AM-AM-PM-PM- IN OUT IN OUT Single-Family Residential 1 10 0 1 1 0 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on Johnson Road. Case No. Attachment A ZA 07-010 Page 1 PATHWAYS MASTER PLAN: A 6-foot walkway is planned eastward along Johnson Road connecting Royal & Annie Smith Park to Randol Mill Avenue. This 6-foot walkway is identified on the applicant’s concept plan, but funds sufficient for the construction of the walkway shall be placed in escrow until neighborhood development conditions warrant construction. SOUTHLAKE 2025: The underlying land use designation is Low Density Residential and the optional designation is Rural Conservation. The proposed development is consistent with the Low Density Residential designation. WATER & SEWER: An 8-inch sewer line and a 12-inch waterline exist in Johnson Road. DRAINAGE ANALYSIS: Drainage from this site is generally to the north into Johnson Road. TREE PRESERVATION: A significant portion of this property is designated as Tree Cover/Open Space to be preserved on the Environmental Resource Protection Map. The applicant has made considerable effort to protect trees in the south portion of the lot as well as along Johnson Road. The applicant has also indicated trees that may be removed from the future development of accessory structures (i.e. pool, accessory buildings, etc.). P&Z ACTION: February 22, 2007; Approved (6-0) subject to Concept Plan Review Summary No. 2, dated February 15, 2007. COUNCIL ACTION: March 6, 2007; Approved first reading (6-0) subject to Concept Plan Review Summary No. 2, dated February 16, 2007 as presented; and subject to the recommendation by the Planning & Zoning Commission. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated March 14, 2007. N:\Community Development\MEMO\2007cases\07-010ZCP.doc Case No. Attachment A ZA 07-010 Page 2 Case No. Attachment B ZA 07-010 Page 1 CONCEPT PLAN Case No. Attachment C ZA 07-010 Page 1 CONCEPT PLAN CLOSE-UP / TREE CONSERVATION PLAN Case No. Attachment C ZA 07-010 Page 2 CONCEPT PLAN REVIEW SUMMARY ZA07-010Three03/14/07 Case No.: Review No.: Date of Review: Zoning Change & Concept Plan Project Name: – Lot 14, J.G. Allen No. 18 Addition APPLICANT: ARCHITECT/ENGINEER: Happy Lyda Tri-Tech DFW Surveying Company LP 2715 Johnson Rd 2825 Exchange Blvd; Ste 104 Southlake, TX 76092 Southlake, TX 76092 P: (972)929-1002 P: (817)442-5511 F: (817)416-9198 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/06/07 AND 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. 1)The following changes are needed with regard to labeling: a)Ensure land use map designations (“L.U.D. =”) are labeled properly on all adjacent properties and properties across adjoining rights-of-way. Label LUD on properties to the west and the correct LUD on the Jellico properties to the south (all properties to south and west are Low Density Residential). b)Correct the zoning labeled in the Trailhead subdivision to read “SF-20A” 2)Correct the following inconsistencies between legal description and graphic labels: Call 2 a) – Correct the size of the IRF at the southeast corner of the property. Legal states 1”, Graphic states 3/4” Call 2 b) – Correct the legal to read “southeast corner of said Tract III…” Legal currently states “southwest corner.” Call 3 c) – Label the 5/8” IR set on the graphic. INFORMATIONAL COMMENTS * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * 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. Case No. Attachment D ZA 07-010 Page 1 * 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.  Denotes Informational Comment Case No. Attachment D ZA 07-010 Page 2 Case No. ZA07-010 Review No. 3 Dated: 3/14/07 Number of Pages: 1 Project Name: Lot 14, J.G. Allen, No. 18 Addition (2865 Johnson Road) -- Zoning Change & Concept Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077 Email: ctaylor@ci.southlake.tx.us The following comments are based on the review of plans received on 3/6/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: * There is an existing 12” water line on the south side of Johnson Road to serve this site. * There is an existing 8” sanitary sewer north of the water line in Johnson Road to serve this site. DRAINAGE COMMENTS: * A detailed grading plan will be required with the building permit application. * Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * This property drains into Critical Drainage Structure #18 and requires a fee to be paid prior to beginning construction ($212.61/acre). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * 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. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Case No. Attachment D ZA 07-010 Page 3 Case No Review No.Dated: Number of Pages: . 07-010 Three March 14, 2007 1 Project Name: Lot 14 J.G. Allen, No. 18 Addition (Zoning Change / Concept Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on March 14, 2007 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== TREE CONSERVATION: 1. The site is very dense with existing trees and related vegetation. The applicant is proposing to remove only the trees within the proposed house pad and drive as shown on the submitted Plot Plan and Tree Survey. Trees within the remaining part of the development envelope as shown may or may not be removed depending on development conditions and future accessory uses. Case No. Attachment D ZA 07-010 Page 4 Surrounding Property Owners Lot 14, J.G. Allen No. 18 Addition 2865 Johnson Road Owner Zoning Land Use Acreage SPO # 1. Morgan, Roxanne & Brian SF-1A Low Density Residential 1.848 2. Brankin, James & Andrea SF-1A Low Density Residential 4.129 3. Burres, Keith Jr & Lisa SF-20A Medium Density Residential 0.459 4. Fernandez, Jaime & W Felix SF-20A Medium Density Residential 0.473 5. Dumont, Michael & Victoria SF-20A Medium Density Residential 0.655 6. Garrett, Johnny & Dawn SF-20A Medium Density Residential 0.464 7. Morris, Kimberly & Clint SF-20A Medium Density Residential 0.46 8. Lyda, Happy & Julia SF-1A Low Density Residential 1.977 9. Lyda, Happy & Julia AG Low Density Residential 1.966 10. Lyda, Happy & Julia AG Low Density Residential 2.042 11. Willoughby, France AG Low Density Residential 2.881 Case No. Attachment E ZA 07-010 Page 1 Surrounding Property Owner Responses Lot 14, J.G. Allen Addition 2865 Johnson Road Notices Sent: Nine (9) Responses Receive: One (1)  Michael & Vicki Dumont, 2705 Aurora Ct, submitted a Notification Response Form in Opposition on February 12, 2007 (attached).  Happy Lyda Support (applicant) submitted a Notification Response Form in on February 15, 2007 (attached).  Julia Lyda Support (applicant) submitted a Notification Response Form in on February 15, 2007 (attached). Case No. Attachment F ZA 07-010 Page 1 Case No. Attachment F ZA 07-010 Page 2 Case No. Attachment F ZA 07-010 Page 3 Case No. Attachment F ZA 07-010 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-516 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 2C9, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 1.997 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, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA07-010 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 their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning Case No. Attachment G ZA07-010 Page 2 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 2C9, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 1.997 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”. 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. Case No. Attachment G ZA07-010 Page 3 SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. Case No. Attachment G ZA07-010 Page 4 That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by Case No. Attachment G ZA07-010 Page 5 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-010 Page 6 EXHIBIT “A” Being Tract 2C9, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 1.997 acres. Case No. Attachment G ZA07-010 Page 7 EXHIBIT “B” Case No. Attachment G ZA07-010 Page 8 TREE CONSERVATION PLAN Case No. Attachment G ZA07-010 Page 9