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Item 4JCity of Southlake Department of Planning & Development Services S T A F F R E P O R T March 28, 2007 ZA07-024 CASE NO: Zoning Change and Concept Plan for Lot 14, H. Granberry, No. 581 Addition PROJECT: REQUEST: On behalf of Sabri and Vezir Ajro, Tri-Tech DFW Surveying is requesting approval of a Zoning Change and Concept Plan from “AG” Agricultural District to “SF-1A” Single- Family Residential District on 2.007 acres at 440 S. White Chapel Blvd. The intent is to build a new single family residence on currently vacant land. Consider first reading for a zoning change and concept plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated March 16, 2007 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-520 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Clayton Comstock (748-8269) Case No. ZA07-024 BACKGROUND INFORMATION OWNER: Vezir & Sabri Ajro APPLICANT: Tri-Tech DFW Surveying PROPERTY SITUATION: 440 S. White Chapel Blvd. LEGAL DESCRIPTION: Tracts 3H & 3H1, H. Granberry, Abstract No. 581 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 S. White Chapel Boulevard to be a 2-lane, undivided arterial roadway with 88 feet of right-of-way adjacent to this site. Adequate right-of-way dedication will be required with the plat showing. Street typology designation for S. White Chapel Boulevard is a ‘boulevard’. Existing Area Road Network and Conditions The lot has direct access onto S. White Chapel Boulevard. Currently, S. White Chapel Boulevard is a 2-lane, undivided roadway. The capacity of the existing roadway is approximately 8,400 vehicle trips per day. Under this condition, the roadway would be considered to operate under a level of service ‘D’. Completion of this development will add approximately 10 vehicle trips per day to this section of S. White Chapel Boulevard, bringing it to 8,139 vehicle trips per day. May, 2006 traffic counts on S. White Chapel Blvd (between F.M. 1709 & Continental Blvd) 24hr 4,1415,022 North Bound (NB) () South Bound (SB) () NB 384397 Peak A.M. () Peak P.M. () 8:00 – 9:00 a.m.5:30 – 6:30 p.m. SB 326731 Peak A.M. () Peak P.M. () 7:45 – 8:45 a.m.3:45 – 4:45 p.m. Traffic Impact Case No. Attachment A ZA07-024 Page 1 Use # Lots Vtpd* AM-AM-PM-PM- IN OUT IN OUT Number of Single-Family 1 10 0 1 1 0 Residential Lots *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on S. White Chapel Blvd. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends a 6-foot sidewalk along the west side of S. White Chapel Boulevard adjacent to this site. WATER & SEWER: A 12-inch water line exists along the east side of S. White Chapel Boulevard. An 8-inch sanitary sewer line exists along the rear property line. DRAINAGE ANALYSIS: Drainage will generally sheet flow to the west to Gardens of Stratford Parc. TREE PRESERVATION: One Mulberry tree is proposed to be removed for the construction of the house. The required 10-foot bufferyard along S. White Chapel Boulevard will add four canopy trees and six accent trees along that roadway. P&Z ACTION: March 22, 2007; Approved (6-0) subject to Concept Plan Review Summary No. 3, dated March 16, 2007. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated March 16, 2007. N:\Community Development\MEMO\2007cases\07-024ZCP.doc Case No. Attachment A ZA07-024 Page 2 Case No. Attachment B ZA07-024 Page 1 CONCEPT PLAN Case No. Attachment C ZA07-024 Page 1 CONCEPT PLAN CLOSE-UP N Case No. Attachment C ZA07-024 Page 2 CONCEPT PLAN REVIEW SUMMARY ZA07-024Three03/16/07 Case No.: Review No.: Date of Review: Zoning Change & Concept PlanLot 14, H. Granberry No. 581 Addition Project Name: – OWNER: APPLICANT: Sabri & Gurjie Ajro Tri-Tech DFW Surveying – Andy Nold 1201 Pecan Square 2825 Exchange Blvd; Ste 104 Arlington, TX 76012 Southlake, TX 76092 P: (817)907-9175 P: (817)442-5511 F: (817)416-9198 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/05/07 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. easements 1.The following revisions are needed with regard to : a.Correct the arrows indicating the existing 5-foot utility easement along the south property boundary of Lot 3, H. Granberry No. 581 Addition. b.Label the filing record information for the 15-foot sanitary sewer easement (separate instrument) on the west property boundary of the subject property. This will be needed on the Plat Showing as well. * We recommend contacting the SPIN Representative for this district to receive their opinion on whether a SPIN Kim Harper meeting would be beneficial to your application. The SPIN 14 District Representative is and can (817) 329-0644 be contacted at . For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. 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. * 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 ZA07-024 Page 1 Case No. ZA07-024 Review No. 3 Dated: 3/16/07 Number of Pages: 1 Project Name: Lot 14, H. Granberry, No. 581 Add’n (440 S. White Chapel Blvd.) -- Zoning Change and 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 3/5/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Show/provide all existing and proposed easements for water, sanitary sewer and drainage. Easements must be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: 1.There is an existing 12” water line in White Chapel to serve this property. 2. There is an existing 8” sanitary sewer line along the west property line to serve this property. DRAINAGE COMMENTS: 1. Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * This property drains into Critical Drainage Structure #20 and requires a fee to be paid prior to beginning construction ($214.29/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 ZA07-024 Page 2 COMPREHENSIVE PLAN REVIEW SUMMARY ZA07-024One3/16/07 Case No: Review No.: Date of Review: Project: Lot 14, H. Granberry No. 581 Addition Application Type: Zoning Change & Concept Plan Contact: Jenny Crosby Phone: (817) 748-8195 Email: jcrosby@ci.southlake.tx.us Consolidated Land Use Plan Recommendations The underlying land use designation is Low Density Residential and the optional designation is Rural Conservation. The proposed project is consistent with the Low Density Residential designation. Southlake Pathways Plan Recommendations Southlake Pathways calls for a 6 ft. trail along this portion of White Chapel Boulevard. The trail is shown on the plan. L:\MEETINGS\DRC\REVIEWS\COMP PLAN\2007\ZA07-024 LOT 14 H GRANBERRY 2007-02-22.DOC Case No. Attachment D ZA07-024 Page 3 Case No Review No.Dated: Number of Pages: . 07-024 One March 16, 2007 1 Project Name: 440 S. White Chapel (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 5, 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 COMMENTS: 1. One Mulberry tree is proposed to be removed for the construction of the house. BUFFERYARDS: 1. A 10’-B type bufferyard is shown to be provided adjacent to the east property along South White Chapel. Please provide a Bufferyard Calculations Chart on the Concept Plan. The following plant material must be provided within the 10’-B bufferyard prior to issuance of a Certificate of Occupancy for the proposed house. Please provide a Landscape Plan showing the placement of the required bufferyard plantings at the time the building plans are submitted to the Southlake Building Inspections for review and issuance of a Building Permit. 4 – Canopy Trees 6 – Accent Trees 20 - Shrubs Case No. Attachment D ZA07-024 Page 4 Surrounding Property Owners 440 S. White Chapel Blvd SPO # Owner Zoning Land Use Acreage 1. Freehling, Henry R Etux Sharon SF1-A Low Density Residential 0.915 2. McLemore, Mark T Etux Capri SF1-A Low Density Residential 3.926 3. Tolbert, Anthony Etux Satasha SF1-A Low Density Residential 2.579 4. Fowler, Mark L Etux Wynell SF1-A Low Density Residential 2.595 5. Linkous, J Ronald Etux Regina AG Low Density Residential 1.897 6. Terra/Stratford L.P. SF-20A Medium Density Residential 14.259 7. Ajro, Sabri & Gurjie AG Low Density Residential 0.859 8. Ajro, Sabri & Gurjie AG Low Density Residential 1.185 9. Tracy, Todd & Amanda SF1-A Low Density Residential 2.423 Case No. Attachment E ZA07-024 Page 1 Surrounding Property Owner Responses 440 S. White Chapel Blvd Notices Sent: Eight (8) Responses Receive: One (1)  J. Ronald & Regina Linkous, 500 S White Chapel Blvd, submitted a Notification Response Form on March 16, 2007 (attached). Case No. Attachment F ZA07-024 Page 1 Case No. Attachment F ZA07-024 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-520 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 TRACTS 3H AND 3H1, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 2.007 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 Tracts 3H and 3H1, situated in the H. Granberry Survey, Abstract No. 581, being approximately 2.007 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 Tracts 3H and 3H1, situated in the H. Granberry Survey, Abstract No. 581, being approximately 2.007 acres. Case No. Attachment G ZA07-010 Page 7 EXHIBIT “B” Case No. Attachment G ZA07-010 Page 8 CONCEPT PLAN CLOSE-UP Case No. Attachment G ZA07-010 Page 9