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Item 7ACity of Southlake Department of Planning S T A F F R E P O R T May 10, 2006 ZA05-164 CASE NO: Zoning Change and Development Plan for a portion of Lot 1, Block 1, Arnold PROJECT: Estates REQUEST: On behalf of Mills Custom Homes Jay Wasserman is requesting approval of a zoning change from “RE” Single Family Residential Estate District to “R-PUD” Residential Planned Unit Development District and an associated development plan on approximately 3 acres. This 3 acre tract is the remaining portion of a total 5 acre platted lot that was subdivided by metes and bounds in June of 1997 without filing an approved plat. This property and the other 2 acres have been sold to two different parties other than the party which may have engaged in the act of subdivision. The 3 acres does not comply with the minimum 5 acre lot area requirement of the “RE” district and must be rezoned to allow for a replat to be processed. A two lot plat revision will be presented for consideration in conjunction with this request should it be forwarded for a second reading by the City Council. The proposed lots are approximately 1.63 acres and 1.34 acres. This Residential Planned Unit Development shall abide by the “SF-1A” Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended with the following exceptions: Open Space - 20 percent open space placed within a preservation easement. The preservation easement will only permit residential driveways, fencing/walls and entry gates within the area. Paved areas shall be of a permeable material. Trees removed for construction to be mitigated on a 1” to 1” caliper size basis. Minimum Lot Area – 1.25 acres Minimum Floor Area – 4,000 square feet Maximum Accessory Buildings – 2 with total area of 2,500 square feet per lot. Minimum Masonry Standard – 80% Masonry or true stucco The initial zoning request was for “SF-1A” Single Family Residential District. Following the recommendation for denial by the Planning & Zoning Commission on March 9, 2006 and the first hearing held by City Council on March 21, the applicant requested to amend the application to RPUD and be remanded back to the Planning and Zoning Commission for reconsideration. The plans included with report have been revised to reflect conditions of the first reading approval by the City Council on May 2, 2006. Case No. ZA 05-164 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading of zoning change and development plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Development Plan Review Summary No. 3, dated May 10, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-484 STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 05-164 BACKGROUND INFORMATION OWNER: Mills Custom Homes APPLICANT: Jay Wasserman PROPERTY SITUATION: 520 W. Highland Street LEGAL DESCRIPTION: Portion of Lot 1, Block 1, Arnold Estates LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “RE” Single Family Residential Estate District REQUESTED ZONING: “R-PUD” Single Family Residential District HISTORY: -A change of zoning to “RE” was approved by City Council on January 2, 1990. -City Council approved a preliminary plat for Arnold Estates on December 19, 1989. -A final plat was approved by City Council on February 20, 1990. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends W. Highland Street to be a 2-lane, undivided collector roadway with 70 feet of right-of-way adjacent to this site. Adequate right-of-way dedication will be required with a plat revision. Existing Area Road Network and Conditions The lot has direct access onto W. Highland Street. Currently, W. Highland 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 roadways would be considered to operate under a level of service ‘D’. This development is not expected to warrant expansion of the existing roadway network. No plans for improvement in the near future have been made for W. Highland Street. May, 2005 traffic counts on W. Highland St (between Shady Oaks & White Chapel Blvd) 24hr 1,2521,425 West Bound (WB) () East Bound (EB) () WB 139164 Peak A.M. () Peak P.M. () 7:45 – 8:45 a.m.2:45 – 3:45 p.m. EB 280187 Peak A.M. () Peak P.M. () 7:45 – 8:45 a.m.2:45 – 3:45 p.m. Case No. Attachment A ZA 05-164 Page 1 Traffic Impact Use # Lots Vtpd* AM-AM-PM-PM- IN OUT IN OUT Number of Single-Family 3 29 1 2 2 1 Residential Lots *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Highland Street. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements adjacent to this site. WATER & SEWER: A 6-inch water line exists along the south side of W. Highland Street. No sanitary sewer lines exist in the immediate area. The proposed lot sizes permit the use of private sewer systems. TREE PRESERVATION: The Landscape Administrator has no comments for this item. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Areas B, E, & F study area to include the following changes: Land Use Recommendations  Existing land use designations – Low Density Residential. The proposed development complies with the Low Density Residential land use designation. Environment Resource Recommendations  Preserve trees to the maximum extent feasible. Buildings must be located on the site to maximize tree preservation. P&Z ACTION: March 9, 2006; Recommended denial (6-0). COUNCIL ACTION: March 21, 2006; Remanded back to the Planning and Zoning Commission P&Z ACTION: April 20, 2006; Approved (4-0) limiting the R-PUD to a one building lot with front 20% designated as a preservation area as presented, indicating the trees in 20% preservation area remain as is, except for in cases of disease or safety reasons, and to allow fencing and driveways in that area if needed. COUNCIL ACTION: May 2, 2006; Approved first reading (6-0) using pavers on the driveways, mitigating any trees affected by construction and relocating the east building north with the south building line being located 10 feet south of the existing home. STAFF COMMENTS: Attached is Development Plan Review Summary No. 3, dated May 10, 2006. N:\Community Development\MEMO\2005cases\05-164Z.doc Case No. Attachment A ZA 05-164 Page 2 Case No. Attachment B ZA 05-164 Page 1 Previous Plan Case No. Attachment C ZA 05-164 Page 1 Case No. Attachment C ZA 05-164 Page 2 Revised Plan Case No. Attachment C ZA 05-164 Page 3 Case No. Attachment C ZA 05-164 Page 4 DEVELOPMENT PLAN REVIEW SUMMARY ZA05-164Three05/10/06 Case No.: Review No.: Date of Review: Development Plan Project Name: – Wasserman Residence APPLICANT: ARCHITECT: Blake Architects Jay Wasserman Skip Blake 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Phone: Phone: (817) 488-9397 Fax: Fax: (817) 251-3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/09/06 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 DENNIS KILLOUGH AT (817) 748-8069 OR BEN BRYNER AT (817) 748- 8602. ZA05-164 1.Place the City case number “” in the lower right corner. 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. * 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. Case No. Attachment D ZA 05-164 Page 1 Surrounding Property Owners Portion of Lot 1, Block 1, Arnold Estates Owner Zoning Land Use Acreage 1.Gray, Robert & Sara SF-1A Low Density Residential 2.0 2.Gaines, Robert & Beverly SF-1A Low Density Residential 2.34 3.Marks, William & Jill SF-1A Low Density Residential 2.0 4.Arnold, Mary RE Low Density Residential Mills Custom Homes 5.Gray, Robert & Sara RE Low Density Residential 6.Bredenberg, R D & Diane SF-1A Low Density Residential 4.708 7.Keene, J Randall & Terri SF-1A Low Density Residential 4.99 8.Fleps, John J & Petronella Low Density Residential 1.64 9.Williamson, Ray & Vicki SF-1A Low Density Residential 2.33 10.Raley, Timothy & Jennie AG Low Density Residential 1.0 11.Seebeck, Doreen L AG Low Density Residential 2.0 12.Raley, Timothy & Jennie AG Low Density Residential 2.0 Case No. Attachment E ZA 05-164 Page 1 Surrounding Property Owner Responses Portion of Lot 1, Block 1, Arnold Estates Notices Sent: Ten (10) Responses Received: Two (2)  Timothy Raley, 440 W. Highland St, filed an official opposition petition with the City on March 7, 2006  Bob Kemins, 605 W. Highland St., submitted a letter in support of the case on March 20, 2006.  Timothy Raley, 440 W. Highland St, filed a second official opposition petition to the revised zoning request (R-PUD) on April 20, 2006. Case No. Attachment F ZA05-164 Page 1 Case No. Attachment F ZA05-164 Page 2 Case No. Attachment F ZA05-164 Page 3 Case No. Attachment F ZA05-164 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-484 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 ASA PORTION OF LOT 1, BLOCK 1, ARNOLD ESTATES, BEING APPROXIMATELY 2.96 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, ATTACHED HERETO AND SUBJECT TO THE INCORPORATED HEREIN AS EXHIBIT “B”, 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 “RE” Single Family Residential Case No. Attachment G ZA05-164 Page 1 Estate 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 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, Case No. Attachment G ZA05-164 Page 2 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 a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.96 acres, and more fully and completely described in Exhibit “A” from “RE” Single Family Residential Estate District to “R-PUD” Residential Planned Unit Development District as depicted on the approved Development Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: Case No. Attachment G ZA05-164 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 ZA05-164 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 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 Case No. Attachment G ZA05-164 Page 5 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 ___________, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA05-164 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA05-164 Page 7 EXHIBIT “A” Being a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.96 acres. Case No. Attachment G ZA05-164 Page 8 DEVELOPMENT PLAN Case No. Attachment G ZA05-164 Page 9 Case No. Attachment G ZA05-164 Page 10