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Item 6C Department of Planning & Development Services S T A F F R E P O R T December 12, 2007 ZA07-121 CASE NO: Zoning Change and Site Plan for Royal and Annie Smith Park PROJECT: REQUEST: The City of Southlake Department of Community Services is requesting the approval of a Zoning Change and Site Plan from “AG” Agricultural District to “CS” Community Service District for the Royal and Annie Smith Park on a tract of land of approximately 13.11 acres. The plan proposes the development of a trail, pavilion and playground area in the northern part of the park with trails and parking area proposed as a future phase. No variances are being requested. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 3, dated November 12, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-538 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA07-121 BACKGROUND INFORMATION OWNER/APPLICANT: City of Southlake PROPERTY SITUATION: 3045 Johnson Rd LEGAL DESCRIPTION: Tract 1, J.G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Public Parks / Open Space CURRENT ZONING: “AG” Agricultural REQUESTED ZONING: “CS” Community Service District HISTORY: There is no development history on this property. Trail improvements have been made on the property. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Johnson Road to be a 2- lane, undivided collector with 70 feet of right-of-way. Existing Area Road Network and Conditions The development is proposing one (1) direct access onto Johnson Road, a 2-lane, undivided collector roadway. This development will generate approximately 21 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 3:15 – 4:15 PM AM Traffic Impact Use Acres Vtpd* City Park 13.11 21 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on Johnson Road. PATHWAYS Case No. Attachment A ZA07-121 Page 1 MASTER PLAN: Segment No. 24 on the Pathways Master Plan, which connects Johnson Road to W. Southlake Boulevard through Royal and Annie Smith Park and the Vermilion subdivision, is a completed trail segment. WATER & SEWER: An 8-inch sewer line and a 12-inch waterline exist in Johnson Road. TREE PRESERVATION: Please consider the distance playground equipment is from the existing trees and that all state and national playground safety regulations are met. If a small retention wall is constructed to encase the playground area that inhabits seven (7) large existing trees, please ensure that the area drains properly and that the playground fall zone material will not be placed or accumulate within the critical root zone area of the existing trees. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan SOUTHLAKE 2025: Recommendations Extend the sidewalk along Johnson Road to the eastern property line. Label the width of the sidewalk. P&Z ACTION: November 8, 2007; Approved (7-0) subject to Site Plan Review Summary No. 2, dated November 2, 2007. COUNCIL ACTION: November 20, 2007; Approved to table (7-0) to the December 4, 2007 City Council meeting. December 4, 2007; Approved first reading (6-0) subject to Site Plan Review Summary No. 3, dated November 12, 2007. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 12, 2007. N:\Community Development\MEMO\2007cases\07-121ZSP.doc Case No. Attachment A ZA07-121 Page 2 Case No. Attachment B ZA07-121 Page 1 Site Plan Case No. Attachment C ZA07-121 Page 1 Royal and Annie Smith Park Master Plan Case No. Attachment C ZA07-121 Page 2 Site Plan Detail – Pavilion Case No. Attachment C ZA07-121 Page 3 Case No. Attachment C ZA07-121 Page 4 Building Renderings Case No. Attachment C ZA07-121 Page 5 Case No. Attachment C ZA07-121 Page 6 Tree Conservation Plan Case No. Attachment C ZA07-121 Page 7 SITE PLAN REVIEW SUMMARY ZA07-121Three11/14/07 Case No.: Review No.: Date of Review: Site Plan Project Name: - Royal & Annie Smith Park APPLICANT: City of Southlake ARCHITECT: Halff 1201 N. Bowser Rd Richardson, TX 75081 Phone: Phone: (214) 346-6200 Fax: Fax: (214) 739-0095 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/07/07 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 BEN BRYNER AT (817) 748-8602. 1. The following changes are needed with regard to labeling: a. Provide the name and address of owner on the plan. b. Show and label the front, rear, & side building lines. c. Label the R.O.W. width for Johnson Street. Label the width and pavement type of the existing roadway. 2. The following changes are needed with regard to bufferyards and interior landscaping: a. Label the bufferyard along the south boundary line (10' - Type 'C'). b. Provide the Bufferyard Calculation chart on the site plan. 3. The following changes are needed with regard to driveways: a. Label the width and correctly label the stacking depth for the proposed drive. Staff measures ±85 from the new R.O.W. limit. b. Label the distances from the proposed driveway centerline to the nearest existing driveway centerlines off-site in both directions of the site. The proposed drive must be at least 150' from the nearest drive in either direction. c. Show and label all existing driveways on adjacent properties and across adjoining rights-of-way. Case No. Attachment D ZA07-121 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. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * 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. Public Works – Engineering GENERAL COMMENTS: * Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. * Use the City of Southlake GPS monuments whenever possible. 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. Landscape Administrator TREE CONSERVATION COMMENTS: 1. Please consider the distance playground equipment is from the existing trees and that all state and national playground safety regulations are met. If a small retention wall is constructed to encase the playground area that inhabits seven (7) large existing trees, Case No. Attachment D ZA07-121 Page 2 please ensure that the area drains properly and that the playground fall zone material will not be placed or accumulate within the critical root zone area of the existing trees. Southlake 2025 Comprehensive Plan Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations Extend the sidewalk along Johnson Road to the eastern property line. Label the width of the sidewalk. Case No. Attachment D ZA07-121 Page 3 Surrounding Property Owners Royal and Annie Smith Park SPO # Owner Zoning Land Use Acreage 1. Stubbs, Stoney M Jr SF1-A Low Density Residential 2.195 2. Douglass, Gerald Etux Deborah SF1-A Low Density Residential 1.995 3. Miller, Paul Jr Est & Shereen SF1-A Low Density Residential 2.16 4. Summey, Marc S Etux Rebecca J SF1-A Low Density Residential 4.061 5. Miller, Mark R Etux Joni SF20A Medium Density Residential 0.5 6. Smariga, Russell B Etux Linda SF20A Medium Density Residential 0.47 7. Cox, James E Etux Susan B SF20A Medium Density Residential 0.703 8. Sundeen, Carl G Etux Sharon K SF20A Medium Density Residential 0.472 9. Gregor, David M Etux Deborah SF20A Medium Density Residential 0.48 10. Sakaloskt, Christopher M SF1-A Low Density Residential 1.017 11. Ortman, John A Etux Pamela SF1-A Low Density Residential 1 12. Rowsey, Bryan M & Christy G SF1-A Low Density Residential 1.036 13. Fey, Michael SF1-A Low Density Residential 1.022 14. Edmondson, Robert E SF20B Medium Density Residential 0.591 15. Wilson, Carl R SF20B Medium Density Residential 0.539 16. Zedicher, Roger G Etux Lori R SF20B Medium Density Residential 0.61 17. Jones, Gary T Etux Frances L SF1-A Low Density Residential 1.642 Case No. Attachment E ZA07-121 Page 1 18. Southlake, City Of AG Public Park / Open Space 13.081 19. Ausley, George L & Mary P AG Low Density Residential 1.318 20. Summey, Marc S Etux Rebecca J AG Low Density Residential 0.901 21. Douglass, Gerald Etux Debprah AG Low Density Residential 0.346 22. Miller, Paul W Jr & Shereen AG Low Density Residential 0.417 23. Keller ISD CS Public / Semi-Public 8.473 24. Keller ISD CS Public / Semi-Public 6.045 25. Ausley, George L Etux Mary P AG Low Density Residential 2.023 26. Smith, Royal Etux Marilyn AG Low Density Residential 0.767 Case No. Attachment E ZA07-121 Page 2 Surrounding Property Owner Responses Royal and Annie Smith Park Notices Sent: Twenty-six (26). Responses Receive: Four (4).  James & Susan Cox (SPO #7), 2904 Bristol Gln., submitted a Notification Response Favor Form in on November 6, 2007 (see attached).  Christopher Sakaloskt (SPO #10), 124 Vermillion Ct., submitted a Notification Favor Response Form in on November 12, 2007 (see attached)  Mark & Joni Miller (SPO #5), 601 Royal Lane, submitted a Notification Response Form Favor in on November 15, 2007 (see attached).  Paul & Shereen Miller (SPO #3 & 22), 152 Jellico Circle, submitted a Notification Opposition Response Form in on December 5, 2007 (see attached). Case No. Attachment F ZA07-121 Page 1 Case No. Attachment F ZA07-121 Page 2 Case No. Attachment F ZA07-121 Page 3 Case No. Attachment F ZA07-121 Page 4 Case No. Attachment F ZA07-121 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-538 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 1, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 13.11 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “CS” COMMUNITY SERVICE 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 WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment G ZA07-121 Page 1 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 ZA07-121 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 Tract 1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 13.11 acres, and more fully and completely described in exhibit “A” from “AG” Agricultural District to “CS” Community Service District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Case No. Attachment G ZA07-121 Page 3 1. 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. Case No. Attachment G ZA07-121 Page 4 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. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment G ZA07-121 Page 5 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. 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: Case No. Attachment G ZA07-121 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-121 Page 7 EXHIBIT “A” Being Tract 1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 13.11 acres: ** Insert M&B Description ** Case No. Attachment G ZA07-121 Page 8 EXHIBIT “B” Site Plan Case No. Attachment G ZA07-121 Page 9 Royal and Annie Smith Park Master Plan Case No. Attachment G ZA07-121 Page 10 Site Plan Detail – Pavilion Case No. Attachment G ZA07-121 Page 11 Building Renderings Case No. Attachment G ZA07-121 Page 12 Case No. Attachment G ZA07-121 Page 13 Tree Conservation Plan Case No. Attachment G ZA07-121 Page 14