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Item 8CCity of Southlake Department of Planning S T A F F R E P O R T May 10, 2006 ZA06-029 CASE NO: Zoning Change for Proposed Saddleback Ridge Estates PROJECT: REQUEST: Spectra Land, L.P is requesting approval of a zoning change from “RE” Single Family Residential Estate District and “AG” Agricultural District to “SF-1A” Single Family Residential District. Although a recent amendment to the City’s Comprehensive Zoning Ordinance now requires that a concept plan be submitted with an application for zoning to the “SF-1A” zoning district, this application was submitted prior to adoption of this regulation. Therefore no plan is required. However, during the consideration of this item before the Planning and Zoning Commission the applicant voluntarily agreed to include the preliminary plat being processed concurrently with this request as a concept plan to be attached to the zoning of this property. This plan is included as attachment ‘C’ of this report. A summary of the proposal is as follows: Requested Zoning Change from “AG” & “RE” to “SF-1A” Gross Land Area - 42.40 acres Net Land Area - 36.85 acres No. of Residential Lots - 32 lots Gross Density - 0.75 du/acre Net Density - 0.89 du/acre Average Lot Area - 1.15 acres. A variances are requested to the subdivision ordinance requirement for 2 planned points of access, the staff recommendation for a street stub into the west boundary and the cul-de-sac length in excess of 1,000 feet. The applicant has committed to meeting the minimum requirements of the City’s Fire Code by installing a fire sprinkler system in all homes. Consider first reading for zoning change and concept plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Concept Plan Review Summary No. 1 dated May 10, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-490 Case No. ZA 06-029 (H) 11” x 17” Plan (City Council members only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 06-029 BACKGROUND INFORMATION OWNER: Spectra Land, L.P. APPLICANT: Adams Engineering PROPERTY SITUATION: The property is located at 330 through 360 W. Bob Jones Road LEGAL DESCRIPTION: Tracts 3, 4, 4A, & 4B, R.D. Price Survey, Abstract No. 992; and Tract 11, A. Robinson Survey, Abstract No. 1131 LAND USE CATEGORY: Low Density Residential with a Rural Conservation overlay designation. CURRENT ZONING: “RE” Single Family Residential Estate District and “AG” Agricultural District REQUESTED ZONING: “SF-1A” Single Family Residential District P&Z ACTION: April 6, 2006; Approved to table until the April 20, 2006 meeting. April 20, 2006; Approved to table until the May 4, 2006 meeting. May 4, 2006; Approved (5-1) noting willingness of applicant to attach concept plan to zoning and all amenities as presented; and directing applicant to provide tree conservation plan to City Council. Chairman Boutte dissented. STAFF COMMENTS: Although a recent amendment to the City’s Comprehensive Zoning Ordinance now requires that a concept plan be submitted with an application for zoning to the “SF-1A” zoning district, this application was submitted prior to adoption of this regulation. Therefore no plan is required. However, during the consideration of this item before the Planning and Zoning Commission the applicant voluntarily committed to include the preliminary plat, being processed concurrently with this request, as a concept plan. This plan is included as attachment ‘C’ of this report. Concept Plan Review Summary No. 1 dated May 10, 2006 is included as attachment ‘D’ of this report. N:\Community Development\MEMO\2005cases\06-029Z.doc Case No. Attachment A ZA 06-029 Page 1 Case No. Attachment B ZA 06-029 Page 1 Concurrently Proposed Preliminary Plat And submitted for the purpose of a Concept Plan Case No. Attachment C ZA 06-029 Page 1 Case No. Attachment C ZA 06-029 Page 2 CONCEPT PLAN REVIEW SUMMARY ZA06-029One05/10/06 Case No.: Review No.: Date of Review: Concept Plan – Saddleback Ridge Estates Project Name: APPLICANT: Tom Lahoda ENGINEER: Jay Reissig, P.E. Spectra Land, LP Adams Consulting Engineers Phone: (817) 233-2323 Phone: (817) 329-6990 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/20/06 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 DENNIS KILLOUGH AT (817) 748-8072. 1.The following changes are needed with regard to easements: a.Provide easements for water, sewer and/or drainage in compliance with approved construction plans. b.Although the Subdivision Ordinance requires general utility easements along the perimeter boundary of the property, staff recommends that easements be provided only where absolutely required for adequate distribution and extension of public utilities for the purpose of tree preservation. Staff further recommends that utilities be provided at the minimum width along the perimeter of the streets to further add in tree preservation. c.Staff recommends providing minimum 10’ wide pedestrian/equestrian access easement from Saddleback Lane to the northwest corner of Lot 16 for future access to the Corp property and from Saddleback Lane to N. White Chapel Boulevard along the north line of Lot 24. The MPP calls for a minimum 8’ multi-use trail in this proximity. Staff recommends that the applicant coordinate with the City’s Parks Department and Park Board. 2.The following changes are needed regarding the proposed lotting: a.All lots must comply with the underlying zoning district for the property. b.Lot area shown for lots 1 and 32 does not appear to be correct. The Landscape easements should be included in the lot boundary. Also, the minimum 40' building setback line can be measured from the ROW line on the corner lots. 3.The following changes are needed regarding Right-of-Way dedications and/or interior street geometry: Case No. Attachment D ZA 06-029 Page 1 a.Provide a minimum of two planned points of access. Place a note on the plat regarding the commitment to install fire sprinkler systems in all homes to comply with minimum (Variance requested in lieu of providing fire sprinkler requirements of the Fire code. systems) (5.01-C) b.The subdivision ordinance recommends a maximum length of 1000' and a maximum number of 20 lots on a cul-de-sac, but provides that mitigating conditions such as topography and configuration of the tract may vary these requirements. Justification must be provided for the current proposal. At a minimum all emergency access and management standards must (Variance be complied with in accordance with Department of Public safety policies. . requested in lieu of providing fire sprinkler systems) c.Provide sufficient street stubs into adjacent property. Street stubs are generally recommended at maximum 1000’ intervals along boundaries of undeveloped or under (Variance Requested) developed properties. (No. 483-5.03-K-1) The following should be informational comments only ============= ==================== * Plat vacations must be submitted approved and filed of record for portion of the property already platted prior to recording the final plat. * A Final Plat approval and 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. * As part of any final plat, two intervisible boundary corners of the site must be georeferenced by state plane coordinates in accordance with section 8.03(B) of the Subdivision Ordinance No. 483 upon submittal of the final plat, and, prior to acceptance of the subdivision by the City, a digital computer file of the subdivision must be provided in accordance with Section 8.04 of Ordinance No. 483. * Denotes Informational Comment Case No. Attachment D ZA 06-029 Page 2 Surrounding Property Owners Saddleback Ridge Estates Owner Zoning Land Use Acreage 1.Emery, Marin & Mindy SF-1A Low Density Residential 1.13 2.Carney, Tom P SF-1A Low Density Residential 1.6 3.Bashir, Kamran & Marla SF-1A Low Density Residential 1.47 4.Bashir, Kamran & Marla SF-1A Low Density Residential 0.108 5.Reeder, Perry R & Jimmy K SF-1A Low Density Residential 1.6 6.Grigsby, Marie W RE Low Density Residential 9.8 7.Showtime Farms, Inc AG Low Density Residential 9.615 8.Tillotson, George B & Shar AG Low Density Residential 2.961 9.Lamon, Chris AG Low Density Residential 4.3 10.Spectra Land LP AG Low Density Residential 4.423 11.Spectra Land LP AG Low Density Residential 3.53 12.Spectra Land LP AG Low Density Residential 12.0 Case No. Attachment D ZA 06-029 Page 1 13.Spectra Land LP AG Low Density Residential 4.982 14.Spectra Land LP RE Low Density Residential 6.0 15.Spectra Land LP AG Low Density Residential 1.02 16.Burge, Stewart L & Mary AG Low Density Residential 5.0 17.Burge, Stewart L & Mary AG Low Density Residential 5.0 18.White, Thomas & Jacqueline AG Low Density Residential 34.617 19.Grigsby, Marie W AG Low Density Residential 6.0 20.Morgan, Ruthlene Pruitt AG Low Density Residential 3.0 21.Emmer, Daniel SF-1A Low Density Residential 3.0 22.Emmer, Daniel SF-1A Low Density Residential 1.83 23.Evans, Marzell F SF-1A Low Density Residential 3.26 24.Evans, Marzell F AG Low Density Residential 5.5 25.Ehler, Terry L AG Low Density Residential 3.0 26.Robinson, Ralph & Wilma AG Low Density Residential 3.0 27.Spectra Land LP AG Low Density Residential 18.658 28.USA AG Low Density Residential 16.2 Case No. Attachment D ZA 06-029 Page 2 Surrounding Property Owner Responses Saddleback Ridge Estates Notices Sent: Seventeen (17) Responses Received: None (0) Case No. Attachment E ZA 06-029 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-490 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 ASTRACTS 3, 4, 4A, & 4B, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992, AND TRACT 11, SITUATED IN THE A. ROBINSON SURVEY, ABSTRACT NO. 1131, BEING APPROXIMATELY 42.40 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT AND “AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICTAS DEPICTED ON THE APPROVED CONCEPT PLAN., 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 “RE” Single Family Residential Case No. Attachment F ZA05-127 Page 1 Estate District and “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 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 F ZA05-127 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 Tracts 3, 4, 4A, & 4B, situated in the R.D. Price Survey, Abstract No. 992 and Tract 11, situated in the A. Robinson Survey, Abstract No. 1131, being approximately 42.40 acres, and more fully and completely described in Exhibit “A” from “RE” Single Family Residential Estate District and “AG” Agricultural District to “SF-1A” Single Family Residential District as depicted on the approved Concept Plan. SECTION 2. Case No. Attachment F ZA05-127 Page 3 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. 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 F ZA05-127 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. Case No. Attachment F ZA05-127 Page 5 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. st PASSED AND APPROVED on the 1 reading the _____ day of ___________, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _____ day of __________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA05-127 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA05-127 Page 7 EXHIBIT “A” Being Tracts 3, 4, 4A, & 4B, situated in the R.D. Price Survey, Abstract No. 992 and Tract 11, situated in the A. Robinson Survey, Abstract No. 1131, being approximately 42.40 acres. Case No. Attachment F ZA05-127 Page 8 Case No. Attachment F ZA05-127 Page 9 Case No. Attachment F ZA05-127 Page 10 EXHIBIT B CONCEPT PLAN Case No. Attachment F ZA05-127 Page 11