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Item 5HCity of Southlake Department of Planning STAFF REPORT March 15, 2006 CASE NO ZA06 -008 PROJECT: Zoning Change and Concept Plan for Patterson's Pond Phase II REQUEST: Approval of a zoning change and a concept plan from AG Agricultural District to SF -20A single family residential district on 4.75 acres. There are 4 new residential lots proposed with an average lot size of 1.0 acre and a net density of 1 du /acre. The purpose for the SF -20A single family residential district zoning request is to allow greater flexibility in the building setbacks for each lot intended to help improve tree preservation (See letter in attachment C of this report). The SF -20A district building setbacks are 5 feet less than those in the SF-IA district. ACTION NEEDED: 1. ATTACHMENTS STAFF CONTACT Case No. ZA01 -090 (A) (B) (C) (D) (E) (F) (G) (H) Consider zoning change and concept plan approval Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary No. 2, dated February 17, 2006 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -483 Full Size Plans (Ibr Comnnissi and Council Members Only) Ken Baker (748 -8067) Dennis Killough (748 -8072) Attachment B Page 1 BACKGROUND INFORMATION OWNER: Luis Espinosa APPLICANT: Terra Land Management, Inc. PROPERTY SITUATION: 701 N. Kimball Avenue LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA01 -090 Tracts 5A3A & 5A3A1, Samuel Freeman Survey, AbstractNo. 525 Medium Density Residential "AG" Agricultural District "SF -20A" Single Family Residential District No development history exists for this property. A home currently exists on the property. Master Thorouzhfare Plan The Master Thoroughfare Plan recommends N. Kimball Avenue to be a two - lane, undivided arterial thoroughfare with 88 feet of right -of -way. Existin- Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with N. Kimball Avenue to the west. An existing lot, Lot 10, Block 1, Patterson's Pond, has direct access onto N. Kimball Avenue. N. Kimball Avenue is currently 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 38 vehicle trips per day to this section of N. Kimball Avenue, bringing it to 8,772 vehicle trips per day. May, 2005 traffic counts on N. Kimball Ave (between SH 114 and Highland St 24hr North Bound NB 4,521 South Bound (SB) (4,213 NB Peak A.M. 214 8 — 9 a.m. Peak P.M. 491 6 — 7 p.m. SB Peak A.M. 499 7:15 - 8:15 a.m. Peak P.M. 302 3:45 - 4:45 p.m. Traffic Ina»act Attachment B Page 2 Use 4 Lots Vtpd* AM- IN AM- OUT PM- IN PM OUT Single-Family Residential 4 38 1 2 3 1 PATHWAYS MASTER PLAN: WATER & SEWER *Vehicle Trips Per Day **The AMIPM times represent the number of vehicle trips generated during the peak travel times on N. Kimball Ave. The Southlake Pathways Master Plan recommends a 6 -foot sidewalk along the west side of N. Kimball Avenue. A 12 -inch water line exists along the east side of N. Kimball Avenue. An fl- inch sanitary sewer line exists along the rear of the proposed lots. TREE PRESERVATION: No existing trees should be removed for the construction of the subdivision. There are no existing trees located within the right -of -way and only one (1) tree located within the area of the 15' Drainage Easement between Lots 12 and 13. DRAINAGE ANALYSIS: This development drains to the northeast, directly into the floodplain. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the State Highway 114 study area to include the following changes: Land Use Recommendations • Existing LUP Designation - Medium Density Residential. Environmental Resource Protection Recommendations • The pond, floodway, and floodplain must be clearly identified. Areas that are to remain undisturbed also need to be identified to evaluate the zoning change request's compliance with the Environmental Resource Protection (ERP) Plan. • The ERP Plan recommends protecting and enhancing critical environmental and natural features, with particular emphasis on trees and floodplains. Floodplains and ponds should remain in a natural state with a tree buffer around them. To this end, consider incorporating all (or more) of the pond and floodplain into Lot IOR to protect these features. P &Z ACTION: February 23, 2006; Approved (6 -0) to table until March 9, 2006. March 9, 2006; Approved subj ect to the Concept Plan Review Summary No. 2 dated February 17, 2006. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated February 17, 2006. N:ACommunity Development \MEMO \2006cases \06- 008ZCP.doc Case No. ZA01 -090 Attachment B Page 3 Vicinity Map Patter son's Pond Phase II Case No. ZA06 -008 w I Attachment B Page 1 E 1000 0 1000 2000 3000 Feet 00 01 m- �t 5 w rr cro M+1 7P K— I'M' DaOFiw EAM%,tN 1 Aw 14 I r - — — a... +xc«HHia rRUINNARY PLAVCQNQEPT PLAN JN_ nw PATTERSON'S POND PHASE 11 =M J I 27 4 ERMEER Lu 12 ROADW M+1 7P K— I'M' DaOFiw EAM%,tN 1 Aw 14 I r - — — a... +xc«HHia rRUINNARY PLAVCQNQEPT PLAN nw PATTERSON'S POND PHASE 11 =M 4i Pftjfcr LlyW1 - � � ranuuvn„rvrr....�..l a... +xc«HHia rRUINNARY PLAVCQNQEPT PLAN nw PATTERSON'S POND PHASE 11 =M ERMEER � r) .lanuary 17, 2046 MT. Dennis Killough Sr Planner City uf' Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Re. Pauerson's Pond 11 Zoning Application Dear Dennis Please find attached our Zoning Change Application for Patter'son's Pond 11 The subject property is currently shown on the land use to be niediurn density We are seeking a SF20A zoning and are piing to plat the property into 4 one acre lots We are requesting SF20A to allow the builders the most flexibility in saving trees as they layout their home on the one acre plus. The property is adjacent and to the south of the current Patterson's Pond development. In Order to do this layout, our concept plan and preliminary plat shows a street near our south boundary We have a landscape strip planned to provide sa buffer to the owner of The property to the south, Lou Hillman. 1 have visited with MT. Hillman. He has no problem with our zoning request or the street near his north property line. Mr Hillman told me he will send a letter to the city confirming this. Thank you for your consideration in this matter Sincerely, aul S President Attachment Cc- Mr Lou Hillman IICU v d-1 h�J , ! r s ! TERRA LAND MANAGEMENT, INC. 395 W NORTHWEST PARKWAY (HWY 1 14) - SUITE 340 • SOL17HLAKE. TX 7609-2 • OFFICE. (817) 410-9201 • FAX (817) dE 0 -92 Case No. ZA06 -008 Attachment C Page 2 PLAT REVIEW SUMMARY Case No.: ZA06 -008 Review No.: Two Project Name: Concept Plan — Patterson's Pond Phase 2 APPLICANT: Terra Land Management Co., Inc. Paul Spain 395 W. Northwest Pkwy, Suite 300 Southlake, TX 76092 Phone: (817) 410-9201 Fax: (817) 410 -9205 Date of Review: 02/17/06 ENGINEER: DeOtte, Inc. Rich DeOtte 2553 East Loop 820 North Fort Worth, TX 76118 Phone: (817) 589 -0000 Fax: (817) 589 -8600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/06/06 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 BEN BRYNER AT (817) 748 -8602. 1) Provide the deed record volume and page for the current owners in the preamble of the legal description. 2) The following changes are needed with regard to easements: a) Label all existing easements on adjacent properties. A few easements have not been labeled. b) The flood plain easement and the proposed drainage easement need to clearly identify the northern limits. The arrows should refer to the line shown on lots 6 9. c) Provide easements for water, sewer and /or drainage in compliance with approved construction plans. 3) Correct the net density calculation in the Land Use Schedule Chart. Staff calculated a net density of 0.91 dwelling units per net acre. INFORMATIONAL COMMENTS All development must comply with the City's Drainage Ordinance No. 605 and detain all post development run -off. * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * It appears that a portion of this property lies within the 65 LDN D /FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * A Developer's Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements & fees, off -site sewer extensions, off -site drainage & utility easements & impact fees. Case No. Attachment D ZA06 -008 Page 1 Surrounding Property Owners Patterson's Pond Phase II 20 21 22 23 1 7 5 4 3 2 13 17 6 15 0 11 18 10 16 12 19 8 ILL > 1 14 1 Ll Owner Zoning Land Use Acreage 1. Clause, Carl & Rosalie SF -20A Medium Density Residential 0.688 2. TGO Holdings, Inc SF -20A Medium Density Residential 1.408 3. Pesterfield, J K & Holly SF -20A Medium Density Residential 0.548 4. Dallas Cornerstone Classic SF -20A Medium Density Residential 0.519 5. Dallas Cornerstone Classic SF -20A Medium Density Residential 0.486 6. Harrell Custom Homes Inc SF -20A Medium Density Residential 1.48 7. Transport Workers Union # 513 0-1 Mixed Use 1.91 8. Hillman, Luther L AG Medium Density Residential 4.0 9. Espinosa, Luis AG Medium Density Residential 3.75 10. Espinosa, Luis AG Medium Density Residential 1.0 11. Azamar, Peter SF -lA Low Density Residential 0.84 12. Azamar, Peter SF -lA Low Density Residential 0.45 13. Smith, Eric SF -lA Low Density Residential 0.77 14. Oates, Richard K & Cindy SF -lA Low Density Residential 1.28 Case No. Attachment E ZA06 -008 Page 1 15. Azamar, Peter SF-IA Low Density Residential 1.128 16. Azamar, Peter SF-IA Low Density Residential 0.59 17. Gateway Church NR -PUD Mixed Use 0.59 18. Gateway Church NR -PUD Mixed Use 1.601 19. Rodgers, Lela T AG Mixed Use 0.5 20. Weymouth Real Estate Invmnt SF -20A Medium Density Residential 0.458 21. J Lambert Construction Inc SF -20A Medium Density Residential 0.465 22. Hubble, Henry H SF -20A Medium Density Residential 0.492 23. Johnson, James C & Susan H SF -20A Medium Density Residential 0.561 Case No. ZA06 -008 Attachment E Page 2 Surrounding Property Owner Responses Patterson's Pond Phase II Notices Sent Certified Mail: Thirteen (13) Notices Sent First Class Mail: Four (4) Responses Received: None (0) Case No. ZA06 -008 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -483 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 5A3A & 5A3A1, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AND BEING APPROXIMATELY 4.75 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG " AGRICULTURAL DISTRICT TO 66 SF -20A" 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 ZA06 -008 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, Case No. Attachment G ZA06 -008 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 5A3A & 5A3A1, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 4.75 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -20A" 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 ZA06 -008 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 subj ect 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 ZA06 -008 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 aviolation 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. ZA06 -008 Attachment G 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 1 St reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2"` reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA06 -008 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -008 Attachment G Page 7 180 111 , 81 111 Being Tracts 5A3A & 5A3A1, situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 4.76 acres. JPRf1FERTYV zi3 7+IC} Abstract 525, Trace 5A3A & SA 1 Being a 4.75 3ttt !tact of laid ous of dw SAWEL FREEMAN SURVEY, Abstract 525 is Tarrant County, Texa9 and demibcA b}' metes & bands as folly BECr1MMG at ad iron pin for conwr in the East Lint.. of 0maly Raid #3119 4N- K im WI Ave.) and being 25.0 feet East and X32,1 feet South from did N- ordiwest Comer of &aid (Freeman Survey; THENCE North 69 degrees 46 mLnms 46 - 9m4 ndss East, 613.11 feet to iron pin �w corocri THENCE South 01 deg ms 58 tnLnutes 45 sacotds West, 339.10 feat to iron pin for comer, UMNC,E Sanftb 99 degrcas 45 rnimutes 45 secon4s Walt, 607.00 feet to irtall pin far LCC5MCr in the East Line of N. Kitrihmll Awertne; 17IENCE North 00 degrees 56 minutes 45 seouds BaA along, said wad, 339.10 feet 10 the L'01NT OF BWINMNG and cor0ainjog 4.75 wma of land, mare ❑r less- Case No. Attachment G ZA06 -008 Page 8 o� 00 o . I .'U A Q � 1 {_ �_ _'�• w sona�i° a s s 's Y7 VS US• E,w.ar I -- ° . _ __ � , r txe I 1 IN : . _ :�. sea e _w GId1]' � . • �H � 5Y E ,I.w' ' r i � r;�s,. � C-..�- .frra.�r.cn,ur..a..�ruFxr .- �'y.__ 'rra��F4R.•� �Nlw mw I Q� 11 12 s �" rzreF ..r. - •s.aas r r - � � �• 13 . flrj -_} - fr• `�\ J f �� ..a I I ,.... w� w.wuM ».�ww..4 »r..r.m.. r...r..+ ,.........e... 1 Y� .. �� - '�� � X 117 - ' ........«: •,r.�- .�.., ""� �.'.`�..�r.. -- - __ ROADW r i 5 891i W G07.Gq' _ _ ._ _ �'"e p'r"`e'^.•a ..rt 41V (ALL Cfff 4'MASE) -- siwMr n.M* - a n PRUINKAW PLATCCOME;EPT PLAN � .� iVI+ r . tl n f. R9� t Aep.rul NIIGraha VATTERSOWS POND PHASE' [E a� ru ., aer ,wnaa:rx,romF ��' » C �y o,rr lulRAt6r CgUM1Y. rL%A! r� iuvppy raw. 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