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Item 4ICity of Southlake Department of Planning & Development Services S T A F F R E P O R T May 9, 2007 ZA07-041 CASE NO: Zoning Change and Concept Plan for 940 W. Dove Street (Proposed Lot 1R1, PROJECT: R.P. Estes Addition) REQUEST: On behalf of Richard & Ann Smith, Ward Surveying is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF-1A" Single Family Residential District. The plan proposes the development of one (1) lot for single family residential construction on approximately 4.97 acres. The existing structures are to be removed and replaced with a new home. Consider first reading for zoning change ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Concept Plan Review Summary No. 2, dated April 27, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-525 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA 07-041 BACKGROUND INFORMATION OWNER: Richard & Ann Smith APPLICANT: Ward Surveying PROPERTY SITUATION: The property is located at 940 W. Dove Street. LEGAL DESCRIPTION: Being the western half of Lot 1, R.P. Estes Addition. 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 the property. The lot was platted prior to annexation into the City of Southlake. A home currently exists on the property. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends W. Dove Street 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 revision. Existing Area Road Network and Conditions The lot has direct access onto W. Dove Street. Currently, W. Dove Street 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 W. Dove Street, bringing it to 7,961 vehicle trips per day. May, 2006 traffic counts on W. Dove St (between Shady Oaks & Peytonville Ave) 24hr 4,3703,581 West Bound (WB) () East Bound (EB) () WB 298542 Peak A.M. () Peak P.M. () 7:30 – 8:30 a.m.5:00 – 6:00 p.m. EB 529289 Peak A.M. () Peak P.M. () 7:30 – 8:30 a.m.3:30 – 4:30 p.m. Traffic Impact Case No. Attachment A ZA 07-041 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 W. Dove Street. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not make any recommendations for sidewalks or trails along the north side of W. Dove Street adjacent to this site. WATER & SEWER: A 6-inch water line currently exists along the north side of W. Dove Street. A 12-inch water line also exists along the south side of W. Dove Street. The property is not served by the City's sanitary sewer system. DRAINAGE ANALYSIS: This site generally drains to the southeast toward W. Dove Street. TREE PRESERVATION: The proposed placement of the house pad would remove approximately seventeen (17) existing trees. The house could be moved back to the north to save approximately eight (8) trees located at the front of the proposed house pad but if a pool is built in the back of the house it would affect some of the trees that are in back of the house. P&Z ACTION: May 3, 2007; Approved (5-0) subject to Concept Plan Review Summary No. 2, dated April 27, 2007. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated April 27, 2007. N:\Community Development\MEMO\2007cases\ZA07-041ZCP.doc Case No. Attachment A ZA 07-041 Page 2 Case No. Attachment B ZA 07-041 Page 1 Plat Revision Case No. Attachment C ZA 07-041 Page 1 Tree Conservation Analysis Case No. Attachment C ZA 07-041 Page 2 Rendering Case No. Attachment C ZA 07-041 Page 3 CONCEPT PLAN REVIEW SUMMARY ZA07-041Two04/27/07 Case No.: Review No.: Date of Review: Zoning Change/Concept Plan - Lot 1R1, R.P. Estes Subdivision Project Name: APPLICANT: Nixon Custom Homes, Inc. SURVEYOR: Ward Surveying Company, Inc. Allen Nixon Wayman Ward 5952 Royal Lane, Suite 201 P.O. Box 820253-0253 Dallas, TX 75230 Fort Worth, TX 76182 Phone: (214) 373-8800 Phone: (817) 281-5411 Fax: (214) 373-8822 Fax: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/17/07 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602. 1)Label the subject property and adjacent properties with existing zoning and current land use plan designation. 2)Show and label the width and type of the bufferyard required along W. Dove Street. Clearly distinguish the bufferyard on the graphic. A 10' - Type 'B' bufferyard is required adjacent to arterial streets. 3)The following changes are needed with regard to driveways: a)Label the distance between the proposed driveway centerline to the nearest street right-of-way intersection and/or to existing driveway centerlines off-site in both directions of the site. b)Show the existing driveways on adjacent properties and across adjoining rights-of-way. 4)Provide a site data summary chart with the existing zoning, proposed zoning, existing land use designation, gross acreage, net acreage, and net density. 5)The following changes are needed with regard to the Tree Conservation Plan: a)Use symbols/colors to identify which trees are to be removed, which trees are to be preserved, and which trees may be removed. b)Provide a legend to define the tree type abbreviations. Case No. Attachment D ZA 07-041 Page 1 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. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. Case No. Attachment D ZA 07-041 Page 2 Case No Review No.Dated: Number of Pages: . 07-041 Two April 26, 2007 1 Project Name: Lot 1R R.P. Estes Addition (Plat Revision) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on April 16, 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 proposed placement of the house pad would remove approximately seventeen (17) existing trees. The house could be moved back to the north to save approximately eight (8) trees located at the front of the proposed house pad but if a pool is built in the back of the house it would affect some of the trees that are in back of the house. Case No. Attachment D ZA 07-041 Page 3 Case No. ZA07-041 Review No. 2 Dated: 4/25/07 Number of Pages: 1 Project Name: Lot 1R, R.P. Estes Subd (940 W. Dove 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 4/18/2007. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: * There is an existing 6”/12” water line along the north/south side of West Dove Road to serve this property. * There is currently no public sanitary sewer in West Dove Road to serve this lot. DRAINAGE COMMENTS: * A detailed grading plan will be required with the building application. * Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * There is no Critical Drainage Structure fee associated with the development of this lot. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * 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 07-041 Page 4 Surrounding Property Owners 940 W. Dove Road SPO # Owner Zoning Land Use Acreage Low Density Residential 1. Smith, Richard Etux Ann AG 5.113 Low Density Residential 2. Barber, Phil M AG 5.024 Low Density Residential 3. Maguire Ptnrs - Solana Ltd AG 2.007 Low Density Residential 4. Smith, David J & Siri M AG 1.04 Low Density Residential 5. Webster, Philip W Etux Delores AG 1.168 Low Density Residential 6. Jw Partners Ltd AG 1.019 Low Density Residential 7. Crawford, James Anderson AG 0.996 Low Density Residential 8. Maguire Ptnrs - Solana Ltd AG 2.244 Low Density Residential 9. Strange, Kim AG 0.537 Low Density Residential 10. Smith, David J AG 0.485 Low Density Residential 11. Crawford, Tommy Wayne AG 1.026 Mixed Use 12. Maguire Ptnrs - Solana Ltd AG 10.07 Low Density Residential 13. Maguire Ptnrs - Solana Ltd AG 5.907 Low Density Residential 14. Maguire Ptnrs - Solana Ltd AG 0.959 Low Density Residential 15. Maguire Ptnrs - Solana Ltd AG 1.031 Low Density Residential 16. Maguire Ptnrs - Solana Ltd AG 3.083 Low Density Residential 17. Maguire Ptnrs - Solana Ltd AG 0.92 Low Density Residential 18. Maguire Ptnrs - Solana Ltd AG 6.96 Low Density Residential 19. Maguire Ptnrs - Solana Ltd AG 3.5 Low Density Residential 20. Duggins, James L Etux Joy SF1-A 6.605 Low Density Residential 21. Elliott, Bryan V SF1-A 7.272 Low Density Residential 22. Goza, Timothy D SF1-A 4.859 Low Density Residential 23. Paxton, John F & Deborah K SF1-A 5.059 Case No. Attachment E ZA 07-041 Page 1 Surrounding Property Owner Responses 940 W. Dove Road Notices Sent: Twenty-Three (23). Responses Receive: One (1).  Webster, Philip & Delores, 1052 Dove Road, submitted a Notification Response Form stating Undecided on May 2, 2007 (see attached). Case No. Attachment F ZA 07-041 Page 1 Case No. Attachment F ZA 07-041 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-525 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 A PORTION OF LOT 1, R.P. ESTES ADDITION SITUATED IN THE T. MANN SURVEY, ABSTRACT NO. 1107, BEING APPROXIMATELY 4.97 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 ZA 07-041 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 ZA 07-041 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 Lot 1, R.P. Estes Addition, situated in the T. Mann Survey, Abstract No. 1107, being approximately 4.97 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, Case No. Attachment G ZA 07-041 Page 3 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 those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Case No. Attachment G ZA 07-041 Page 4 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 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. Case No. Attachment G ZA 07-041 Page 5 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 ____, 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 ZA 07-041 Page 6 EXHIBIT “A” Being Lot 1, R.P. Estes Addition, situated in the T. Mann Survey, Abstract No. 1107, and being approximately 4.97 acres. Case No. Attachment G ZA 07-041 Page 7 EXHIBIT “B” Case No. Attachment G ZA 07-041 Page 8 Case No. Attachment G ZA 07-041 Page 9 Case No. Attachment G ZA 07-041 Page 10