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Item 6I13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT May 14, 2008 CASE NO: ZA08 -018 PROJECT: Zoning Change and Development Plan for Housmans /Harbor Oaks Addition REQUEST: Four Peaks Development is requesting approval of a Zoning Change and Development Plan for Housmans /Harbor Oaks Addition, a residential development of just one (1) lot on 1.3 acres located at 2970 Burney Lane. This Zoning Change and Development Plan request is in response to concerns expressed by City Council and area residents at and before the February 5 City Council meeting for Lake Forest, a proposed 7 -lot residential development (ZA07 -133). The placement of the access road to Lake Forest was previously located on the southern property line of this subject lot (Lot 10, Block 2, Harbor Oaks Addition). This development proposes to move that single point of ingress / egress and utility access to the northern property line of Lot 10, Block 2, Harbor Oaks Addition. This road would service the ten (10) lots to the west and northwest of this lot. Because of the existing nature of this lot and the proposed installation of a public access easement, specific zoning regulations are required to address setbacks, lot dimensions, lot size, and lot coverage. The R -PUD Zoning District regulations for this Housmans /Harbor Oaks Addition are provided in Attachment C of this report. Surrounding property owner opposition to this case is in excess of 20 %. Opposition currently stands at ±25.6 %. As such, a super- majority vote of City Council (3/4 members of City Council) is required in order to approve this case. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for a zoning change and development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (Link to Presentation) (D) Development Plan Review Summary No. 2, dated May 14, 2008 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -560 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817)748 -8067 Dennis Killough (817)748 -8072 Case No. ZA08 -018 BACKGROUND INFORMATION OWNER: Errol Housmans APPLICANT: Four Peaks Development PROPERTY SITUATION: 2970 Burney Lane LEGAL DESCRIPTION: Lot 10, Block 2, Harbor Oaks LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF -1A Single Family Residential District REQUESTED ZONING: R -PUD Residential Planned Unit Development District PATHWAYS MASTER PLAN: The R -PUD regulations propose no sidewalks for this development. WATER & SEWER: The R -PUD regulations propose the use of on -site septic systems for the existing lot. The site is currently serviced by an 8 -inch water line in Burney Lane. P &Z ACTION: April 3, 2008; Approved to table until April 17, 2008. April 17, 2008; Approved (5 -1) subject to Revised Development Plan Review Summary No. 1, dated April 17, 2008. COUNCIL ACTION: May 6, 2008; Approved first reading (4 -2) subject to Revised Development Plan Review Summary No. 1, dated April 17, 2008; and requiring minimum 1 acre lot size. Also, this item will be considered in conjunction with associated case ZA07 -133 and the clear resolution on location of access for all properties and lot boundaries. STAFF COMMENTS: Surrounding property owner opposition to this case is in excess of 20 %. Opposition currently stands at ±25.6 %. As such, a super- majority vote of City Council (3/4 members of City Council) is required in order to approve this case. Attached is Development Plan Review Summary No. 2, dated May 14, 2008. N:ICommunity DevelopmentlMEM012008cases1018 -Z - Lot 10, Block 2, Harbor OakslStaff Report108- 018ZDP.P &Z 4 -3.doc Case No. Attachment A ZA08 -018 Page 1 Vicinity Map Housmans /Harbor Oaks Addition W 3 55 1020 1040 Cn HO SAN S 1 3530 060 12010 O ° o � M 3520 3520 00 ch ch ch 3530 M 5 3595 0000 0 2965 1085 M 9 O w rn N N O W co � N (3 O O � g 1070 ARBOR VEN 109 O ° 1060 10 � N 1075 w LL W c� N 3 0 N Q 400 0 400 800 1200 Feet W a E Case No. Attachment B ZA08 -018 Page 1 D2) 00 00 m o z c o D a1 n S Sv (D C4 � (D '* 0 W Ga1rg C• % �pned SH -A volum oSSU, N BE. 2o77 t � David W. 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MlTxix tie LU D=I0w «dans ty resWent?a! _12 A tL _ , sR 1c T L;uc R - PUD - B C S' 4 � F IIOUSMANS /HARBOR OAKS ADDITION . I nT ..i ��5 �0 UMMARV r� ��..�_N�, STATHAM7GEORUI, ADDITION L LcT arec A3R5PO air 1E �n1TlaauE, TcPRAxT col T Texns VFA 'A SITE DATAS INFCRMATIONITEM RESPONSE itx "T DATE OF PREPARATION 3 - RRE. 1' SIRULILO Vl TIIINRTHE CW Srn ZOWNG R Pu 2 ' un DE oE PRO o EPIC S11 - THAT AREA OR AREAS TALLER FOR IF i [ T E1cPMEN1 E IN . ENCOM MOS I'll .11 wP S LF. ,�W E E [ , , L . w 3 N R SEC SITALL BE 24 MIHP T PIV -THE: Ex so 1 4' RI xON'N CI CIIRBWU ixEETe — 3E uc - N. 3111 11 5- s of UA1TSn SPECiFCATTP�PER c NLPETE rtv OF --l— sTANDaR1 7111 MO 3-1 Nor IArAl A xox IT-1lI R.— c° "10`1 - om M °xn°wa �nuo< nL GlYle conLaclB Neill �H Cmit n AT 'Ey III CITY CASE • 7A XY -kxx u IL M L' IL f L' A I j ZONING PROPOSAL FOR Housmans/Harbor Oaks Addition "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Housmans /Harbor Oaks Addition ( "HHO ") is a proposed 1 lot single family residential development to be constructed on the 1.3 acre lot currently platted as Lot 10, Block 2, Harbor Oaks Addition in the City of Southlake. The development entity proposing the rezoning is Four Peaks Development, Inc. Four Peaks will not own this lot but is making this application on behalf of the owner who will dedicate a common access easement along the north and west side of the lot on which will be constructed a public road to provide access to the lots being planned within the Lake Forest Addition, the Statham/George Addition and the lots north of the Statham/George Addition. The common access easement shall be thirty feet (30') in width and the paving width shall be twenty -four feet (24') Additionally, as part of this PUD application, we are requesting a variance to the sidewalk ordinance so as to not require any sidewalks be constructed as part of this development, recognizing there are no sidewalks in this part of Southlake. This Residential Planned Unit Development shall abide by all the conditions of the City of Southlake Comprehensive Zoning Ordinance for "SF 1 -A "single- family residential zoning district and as amended, with the following exceptions: Open Space: The open space for this lot shall be the east 10% of the lot, save and except that area or areas called for as the public road and/or driveways. Architectural features are permitted within this open area. Also, signage for the Lake Forest Addition and a "gang" mail box to service the lots accessed via the road and right of way easement to be dedicated as contemplated by this R -PUD zoning is permitted to be constructed on the lot within the open space. Garage Setback: Recognizing the existing garage will setback less than twenty feet (20') from the future public access easement and public road, a variance shall be given so that the actual distance the garage sits from the easement and road shall be acceptable and shall not cause a non - complying situation at any time. Sanitary Sewer: Recognizing there is no City sanitary sewer service to this part of Southlake, a waiver of the requirement to install a dry pipe system is requested. Also, the self contained sanitary sewer facility currently employed by the house located on this lot is permitted by this PUD. Any future self contained waste water treatment facilities shall comply with all of the requirements for such systems as called for by the Tarrant County Health Department which shall be the ultimate approval needed for said lot, regardless of any additional restrictions put forth by the City of Southlake. We respectfully ask for approval of this R -PUD application for the Housmans /Harbor Oaks Addition. Having a single point of ingress and egress for all of the lots located in this small corner of Southlake will enhance the overall area and will put forth a cooperative effort to resolve the alternative location for an access road into the Lake Forest Addition. Case No. Attachment C ZA08 -018 Page 2 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA08 -018 Review No.: Two Project Name: Development Plan — Housmans / Harbor Oaks Addition Date of Review: 05/14/08 APPLICANT: Four Peaks Development — Tom Matthews 726 Commerce St.; Ste. 109 Southlake, TX 76092 P: (817)329 -6996 F: (817)481 -4074 ENGINEER: Hamilton Duffy PC — Keith Hamilton 8241 Mid - Cities Blvd; Ste 100 North Richland Hills, TX 76180 P: (817)268 -0408 F: (817)284 -8408 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/12/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT 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. 1. Graphically represent the proposed open space by means of a conservation or tree preservation easement on the development plan and plat. a. Clearly define what types of uses and structures will be permitted in the open space /conservation easement. The permitted uses and structures are subject to City Council approval. It is recommended that storage or habitable structures not be permitted and if allowed, be limited in any proposed open space. b. The area occupied by any proposed structures or driveways encroaching the designated open space area should not be counted as open space. The area of open space calculated should be net of any encroachments. 2. The following comments are in regard to outstanding submittal requirements: a. Provide a Tree Conservation Plan (TCP) showing all trees on the site as to their caliper and type. The TCP should show what trees will be saved (green), removed (red), and are marginal (blue or yellow). Tree canopy cover calculations and preservation requirement must also be provided. See Tree Preservation Ordinance No. 585 -D. 3. The following comments are in regard to the proposed R -PUD Regulations: a. No variance to sidewalks is required if the regulation is written into the R -PUD district. Revise the R -PUD regulations to remove the variance request. b. Provide a regulation that allows for double- or triple- frontage on a roadway or roadways. c. Clarify the intended front -yard orientation of the lot 4. The following comments are in regard to labeling: a. Place the city case number (ZA08 -018) in the lower right corner of the plan. b. Provide name and address of all property owners. Case No. Attachment D ZA08 -018 Page 1 c. Verify and /or correct land area in site graphic, site data summary, and R -PUD regulations. d. Show and label all setbacks per the proposed R -PUD regulations. NOTE: Deed restrictions for the Harbor Oaks subdivision specify front -yard setback to be as shown on the current plat, which is 40 -feet. 5. The public access road / easement must comply with the city's structural construction standards for a public street and is subject to City Engineer and Fire Marshal approval. Curb return radii must be minimum 30 -feet, inside curve must be minimum 30 -feet, and exterior curve must be 54- feet radius. 6. Public roadway easement must be designated as drainage, utility, public access, and emergency access easement. 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. Denotes Informational Comment Case No. Attachment D ZA08 -018 Page 2 Surrounding Property Owners Housman /Harbor Oaks Addition 2 1 57/ 56 55 2 52 hiia�avi N 54 53 49 50 51 \ 16 15 14 48 47 46 45 44 13 23 24 12 38 39 22 25 11 21 26 10 37 20 27 9 19 28 32 8 7 18 17 31 30 29 4 6 5 3 43 1 42 41 40 35 3 34 33 SPO Owner Zoning Land Use Acreage 1. Statham, Jerry RPUD Corps of Engineers Property 1.98 2. Statham, Jerry RPUD Corps of Engineers Property 2.13 3. Moore, Michael H Etux Deborah SF1 -A Low Density Residential 1.77 4. Cook, Billy C Etux Jimmie N SF1 -A Low Density Residential 1.95 5. Galis, James P Etux Jamie P SF1 -A Low Density Residential 1.70 6. Littlefield, Hayden Etux Tina SF1 -A Low Density Residential 1.90 7. Chancellor, Raymond L & Dinah SF1 -A Low Density Residential 1.75 8. Warren, Georgia L Etvir Mikel SF1 -A Low Density Residential 1.92 9. Land, Kenneth W & Gloria R SF1 -A Low Density Residential 2.35 10. Hakert, Amy SF1 -A Low Density Residential 2.10 11. Stewart, John D Etux Lynda A SF1 -A Low Density Residential 1.83 12. Wilson, John N Etux Thelma SF1 -A Low Density Residential 2.03 13. Fischbach, Bernard V Etux Barb SF1 -A Low Density Residential 2.10 14. Winn, Darin Etux Michele SF1 -A Low Density Residential 1.95 15. Fredricks, Jack M Etux Rose E SF1 -A Low Density Residential 1.95 16. Housmans, Errol V Etux Leslie SF1 -A Low Density Residential 1.86 17. Petersen, Jerry Etux Carlotta SF1 -A Low Density Residential 1.68 18. McGaffigan, Marc J & Joan M SF1 -A Low Density Residential 1.85 Case No. ZA08 -018 Attachment E Page 1 19. Schroen, Hans H Etux Alethea SF1 -A Low Density Residential 1.45 20. Monrad, John M Etux Barbara L SF1 -A Low Density Residential 1.54 21. Wambsganss, Leon Etux Mary SF1 -A Low Density Residential 1.54 22. Czarnecki, P J And T G Elliott SF1 -A Low Density Residential 1.73 23. Fox, Jimmy G SF1 -A Low Density Residential 1.76 24. Hultin, Allan C SF1 -A Low Density Residential 1.93 25. Leedy, Brett Etux Heidi SF1 -A Low Density Residential 1.39 26. Valdez, David & Cynthia R SF1 -A Low Density Residential 1.49 27. Jessen, Larry & Randa Jessen SF1 -A Low Density Residential 1.44 28. Capps, William T Jr & Deb SF1 -A Low Density Residential 1.73 29. Stanyer, A B Jr Etux Garnetta SF1 -A Low Density Residential 1.47 30. Zielke, Rodney Etux Marjorie SF1 -A Low Density Residential 1.47 31. Zielke, Rodney Etux Marjorie SF1 -A Low Density Residential 1.56 32. McArthur, Nancy Taylor SF1 -A Low Density Residential 2.62 33. Gillespi, Kenneth Etux Terri SF1 -A Low Density Residential 2.16 34. Stevenson, Rodney R SF1 -A Low Density Residential 2.29 35. Johnson, Robert A Etux Tina M SF1 -A Low Density Residential 4.19 36. Seiter, Christopher Etux Susan SF1 -A Low Density Residential 2.89 37. Ali, Barkat SF1 -A Low Density Residential 4.83 38. Mitchell, Michael O Etux Kathy SF1 -A Low Density Residential 3.77 39. Michelis, Steven P SF1 -A Low Density Residential 4.26 40. Hammer, John G Etux Mariana SF1 -A Low Density Residential 3.33 41. Walsh, Dennis M Etux Janet SF1 -A Low Density Residential 4.23 42. Hakemy, Shair B SF1 -A Low Density Residential 7.95 43. Hitchcock, Gilbert L Jr Etux C SF1 -A Low Density Residential 3.14 44. Herrmann, David R Etux Debra M SF1 -A Low Density Residential 3.21 45. Sauder, Terry L & Judith Y SF1 -A Low Density Residential 2.63 46. Staples, Randy G Etux Mary SF1 -A Low Density Residential 2.57 47. Chitwood, John S SF1 -A Low Density Residential 2.53 48. Farhat, Mohamed H Etux Yasmine SF1 -A Low Density Residential 3.03 49. O'Connor, Martin V Etux Mary SF1 -A Low Density Residential 5.93 50. Hoffman -Hill, Barbara K SF1 -A Low Density Residential 4.83 51. Schmidt, James J Etux Paula E SF1 -A Low Density Residential 7.22 52. Burnett, Patricia H SF1 -A Low Density Residential 2.05 53. George, David W SF1 -A Low Density Residential 1.10 54. Curtis, Mary Kathryn SF1 -A Low Density Residential 1.07 55. Miles, Marylyn E & Etal AG Low Density Residential 9.73 56. Shackleford Holdings SF1 -A Low Density Residential 1.10 57. George, David SF1 -A Low Density Residential 0.81 Case No. Attachment E ZA08 -018 Page 2 Surrounding Property Owner Responses Housman /Harbor Oaks Addition Notices Sent: Fifty -Seven (57) Responses Received: Eighteen (18) 1) Nancy McArthur, 1095 Harbor Retreat Street, submitted a Notification Response Form in Opposed To on March 27, 2008 (attached). 2) Mary Kathryn Curtis, 3580 Burney Lane, Submitted a Notification Response Form stating Opposed To on March 31, 2008 (attached). 3) Billy C. & Jimmie N. Cook, 895 Harbor Court, Submitted a Notification Response Form stating Opposed To on April 1, 2008 (attached). 4) Jack M. & Rose E. Fredricks, 2960 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 5) Terry L. & Judith Y. Sauder, 1090 Harbor Haven Street, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 6) Larry & Randa Jessen, 290 Harbor Refuge Street, Submitted a Notification Response Form stating In Favor Of on April 3, 2008 (attached). 7) Hans H. & Alethea Schroen, 2895 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 8) Kenneth W. & Gloria R. Land, 2900 Burney Lane. Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 9) Kenneth & Terri Gillespi. 1105 Harbor Retreat Street, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 10) Raymond L. & Dinah Chancellor, 890 Harbor Court, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 11) Darin & Michele Winn, 2950 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 12) John D. & Lynda A. Stewart, 2920 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 13) Martin V. & Mary O'Connor, P.O. Box 92879, Submitted a Notification Response Form stating In Favor Of on April 3, 2008 (attached). 14) John M. and Barbara L. Monrad, 2905 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 15) John N. & Thelma Wilson, 2930 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). Case No. Attachment F ZA08 -018 Page 1 16) Patricia A. Burnett, 3510 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 3, 2008 (attached). 17) Barbara K. Hoffman -Hill, 1085 Burney Lane, Submitted a Notification Response Form stating Opposed To on April 4, 2008 (attached). 18) William and Debi Capps, 2890 Harbor Refuge, Submitted a Notification Response Form stating Opposed To on April 17, 2008 (attached) Case No. Attachment F ZA08 -018 Page 2 MMISMflon Response RUM. ZAiG" I-B Aprii 3, ZOOS IkArftw, Nancy Taykw I M Hator Rate ut SoLANWw Tic, 1700 4 4 PLEASE PROVIDE COMPLETED FORMS VIA, MAIL, F , EMAIL, OR HAND DE LIVERY BEFORE THE START OF THE SCHEDULE 01 PUBLI C HEARING. min the a ar (s) of the Mp&rty so read ab In favor of i (rvirdo or underline ore) i the proposed Zoning C nge arid Davelnp ment- P Ian q Space for ciornments iragarding your position: � n ri JL r a igniature Additional ignat e; Printed Name(s): i' r bLP p roperty awrwa t) whoom ire+ P h c ne Number (opt ional)-, at qop are hereby ate. + r P. Ming Upparin -rml One form per pmrL Case No. Attachment F ZA08 -018 Page 3 Mar 1.8 08 09:15a Cathm Rogers 817- 329 -0661 p.2 zAOSWo1s � 8 Curtis, Mary Kathryn 3580 Sumey Ln Southlake Tx, 76092 A 254 2G 91 Notification Response Form PLEASE PROVID COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and development Plan referenced above. Space for comments regarding your position: Signature' Date: _-r 9-� Additional Signature: _ Date Print ed Name(s): Must be property awner(s) whose n6me(4 are printed at tap, Otherwise contact the Planning Department.. One form per property, Phone Number (optional): Case No. Attachment F ZA08 -018 Page 4 Notification Response Form ZA08 -018 April 3, 2008 Cook, Billy C Etux Jimmie N 895 Harbor Ct Soutblake Tx, 76092 17084 1 2R PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: o -C- K,9"00,5� �reS Cre�•N/ 7 Z�,r 11P- l'l ✓e G O se / &� a"?re x A/C CC e D r7 e lac SID �c �'� x� G/�-r s. 7 �i - G �1 S' J'` geF d . / /l�l,�/, Signature: Date: / /I oB Printed Name(s): _I Must be property owner(s) whose n i are printed at top. Otherwise contact the Planning II,-V7 Aa i per property. Phone Number (optional): _� F ZA08 -018 Page 5 APR--03 -2008 05:59 AM LIGHTYOURWORL➢..... 8667969682 P_01 April 3, 2008 Fredricks, Jack m i`tux Bogs E 2880 Burney Ln SOUthiake Tx, 76092 17084 2 9 PLEASE PRO Ce PLETEr% rwkmo VIA MAIL, FAX, EMAIL, OR HAND- DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby In favor of opposed to and brut (circle or underline ono the proposed Zoning Change and Development flan referenced above. Space fOr c®rrrments regarding your position: 5F y q Signature: �--- _ Date- 4 1z fo Additional Signature: �- late: Printed Name(s): J4 Qe- -- 265-e� Fred i'l -� Mu9t be property awner(s) whose neme(sy are printed 81 Sop. OlherM" contact the Planning Departm®nG One form per property Phone Number (optional): Case No. Attachment F ZA08 -018 Page 6 Apr 02 08 05:40p TERRY/JUDY SADDER 8174429568 p Notification Response Form ZA08-01 8 Apr!) 3, 2008 Sauder, Terry L & Judith Y 1090 Harbor Haven St Southlake Tx, 76092 - 17084 4 17 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR KAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARIN.G. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above- Space for comments regarding your position: F? 4j A-- - P —r— 4— t o —tx og, igz Q, q Signature: Date. a Additional Signature, ,a Date. 5 Printed Name(s): —,,- ," L. m-ICIC-P, 1 rTV tSA MW be property owner(s) whose name($) are printed at top Ofherwrse contartth6 Planning Department One form per property Phone Number (optional): Case No. Attachment F ZA08-018 Page 7 Notification Response Form ZAOB-018 April 3, 2008 Jessen, Larry & Randa Jessen 2900 Harbor Refuge St Southlake Tx, 76092 17084 3 11 R PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby ------------- (- favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: Additional Date: 3 L-2 g Y ' �F Signature: 'U, Date: L Printed Name(s): I-A-R- Must be property owner(s) whose name(s) are Phone Number (optional): '-C at top. Otherwise contact the Planning Department One torm per 0 7-- � 52 ' - 03 62- APR 0 3 2008 Case No. Attachment F ZA08-018 Page 8 Notification Response Form ZA08 -018 April 3, 2008 Schroen, Hans H Etux Alethea 2895 Burney Ln Southlake Tx, 76092 17084 3 3 Fm F PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: I I I Is is , k rs 9e 5 Ze Q I l� ti V a 1e ,� r' /1- hlet'kl� ek-lsx�' A-e) IeArt�A.6 -4e- W,,rlYf P.A ----- Signature: crh. Date: 3 d Additional Signature: Printed Name(s): tract S // Must be property owner(s) whose_name(p are prinked at top C � rveK Otherwise contact the Planning Department Date: Phone Number (optional): APP 0 3 2008 Planning Dept Case No. Attachment F ZA08 -018 Page 9 Notification Response Form ZA08-01 8 April 3, 2008 Land, Kenneth W & Gloria R 2900 Burney Ln South lake Tx, 76092 17084 2 3 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of ( opposedto ndecided about (cilrc e or tuner D ine one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: lee";, La� Date: � -2 "WZ Additional Signature: Date: Printed Name(s): _(� [-oy- i oL L-an cl 4 F, ft n ej Must be property owner(s) whose names) are printed at top Otherwise contact the Planning Phone Number (optional): One form per property. Case No. Attachment F ZA08-018 Page 10 04/03/2000 22:02 FAR 0724447407 ZAP B -018 April 3, 2008 Gillespi, Kenneth Etux Terri 1105 Harbor Retreat St Southlake Tx, 76092 17084 4 5 2002 PLEASE PROVIDE COMPLETED FORMS VIA FAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are he -. - - - - -- ereby in favor of �poseqfdl undecided about (circle 0T underline one-Y, the proposed Zoning Change f �9eveiopment Plan referenced above. Space for comments regarding your position: 5 _.d Signature: Additional Signature: Printed Name(s): _ Must be property owner(s) whose Date: Q of Case No. Attachment F ZA08 -018 Page 11 Phone Number (optional): / - V m Apr 03 08 12,32p ENTIRELY INTERIORS INC 8172771070 p 1 ZABS -018 April 3, 2008 Winn, Damn Etux Michele 2950 Burney Ln Southlake Tx, 75082 17084 2 8 PLEASE. PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SGHEDULED PUBLIC HEARING: Being the owner(s) of the property so noted above, are hereby in favor of ( - opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: r SO '40 c0i&o Signature: LLr) /--. Additional Signature: Date: =JQ� Date: Printed Name(s): &J cyt. n -4 AZJ dw � t011i"I Must be property owners} whose name(s) are printed at top {otherwise contact the Plan Department. One form per property Phone Number (optional) : �'7 Case No. ZA08 -018 Attachment F Page 12 Notification Response Form ZAOB-018 April 3, 2008 Stewart, John D Etux Lynda A 2920 Burney Lin Southlake Tx, 76092 17084 2 5 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposedto undecided about _ (circle o e r ) lVin ie one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: V Additional Signature: Date: Printed Name(s): L ' Must be property owner(s) whose name(s) hre printed at top Otherwise contact the Planning Department One form per property, Phone Number (optional): e Case No. ZA08-018 Attachment F Page 13 (Q,c e- late: Notification Response Form ZA08-018 April 3, 2008 O'Connor, Martin V Etux Mary PO Box 92879 Southlake Tx, 76092 17084 4 21 9 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in =favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: � f o (- I 46-VcL W 1 1' Vr ill c- 6 C-VL n r" e. � N 1'!fs W Additional Signature: -- - ---------- Date: Printed Name(s): 2 Must be property owner(s) whose I Phone Number (optional): Case No. Attachment F ZA08-018 Page 14 Signature: Date: q Notification Response Form ZA08 -018 April 3, 2008 Monrad, John M Etux Barbara L 2905 Burney Ln Southlake Tx, 76092 17084 3 4 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to ' undecided about. (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: �1 Date: Additional Signature: Printed Name(s): a��crc- Must be property owner(s) whose name(s) are printed at top 6 n y4 ;e contact the P Date: anning Department one Corm per property. Phone Number (optional): Case No. Attachment F ZA08 -018 Page 15 Notification Response Form ZA08-018 April 3, 2008 Wilson, John N Etux Thelma 2930 Burney Ln Southlake Tx, 76092 17084 2 6 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of ( posed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: 4 �:� Signature: Additional Signature: Date: Printed Name(s). APR 0 3 2000 Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Departme 0 One form per 51 roperty Pl anning I epi Phone Number (optional): LAUO-U 0 rage -ifa Notification Response Form ZA08 -018 April 3, 2008 Burnett, Patricia H 3510 Burney Ln Southlake Tx, 76092 A 254 2C 90 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: 0 Signature: i Additional Signature: Printed Name(s): Must be property owner(s) whose name(s) are printed at top Phone Number (optional): ZA08 -018 Date; APR 0 3 2000 Otherwise contact the Planning Department a roperty. P' 1p%p �.,,P, Page 17 Notification Response Form ZA08 -018 April 3, 2008 Hoffman -Hill, Barbara K 1085 Burney Ln Southlake Tx, 76092 17084 4 22 9 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: � I t /} Ul,2G�,� � v Signature: Additional Signature: r �T ?,)_1J/Z12 1-a Ucpa� 10liCU7 Date: Date: Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional) ! � 5 = Z/ l Case No. Attachment F ZA08 -018 Page 18 Property Own 'r Response Forma Reference: ZA O 1, e t /r •ate^ Being thu owner(s) of thts property so noted, do hereby favor a ose circle or underline one) the proposed rezoning of the above referenced property. Signature Retum or Mail to: City of Santhlake Planning Department 1400 Main Street, Suite 310 Soutlrlake, Texas 76092 NXommunity bevelopmentlWP- lirLES1FQRMStoffic§al petitiao ddc Oa- 1'i - '3s 1 -:4 i 1::! '/ 5f DELie Case No. Attachment F ZA08 -018 Page 19 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -560 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 LOT 10, BLOCK 2, HARBOR OAKS, AND BEING APPROXIMATELY 1.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE DEVELOPMENT 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 "SF -1 A" Single Family Case No. Attachment C ZA08 -018 Page 1 Residential 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 Case No. Attachment C ZA08 -018 Page 2 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 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 10, Block 2, Harbor Oaks according to the plat filed in Volume 388 -187, Pages 85 and 86, Plat Records of Tarrant County Texas, and being approximately Case No. Attachment C ZA08 -018 Page 3 1.86 acres, and more fully and completely described in Exhibit "A" from "SF -1A" Single Family Residential District to "R -PUD" Residential Planned Unit Development District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: 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 Case No. Attachment C ZA08 -018 Page 4 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. 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. Case No. Attachment C ZA08 -018 Page 5 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. 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 , 2008. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2008. MAYOR Case No. Attachment C ZA08 -018 Page 6 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment C ZA08 -018 Page 7 *: II1:311 VI- Being Lot 10, Block 2, Harbor Oaks according to the plat filed in Volume 388 -187, Pages 85 and 86, Plat Records of Tarrant County Texas, and being approximately 1.86 acres, and more fully described below as: * ** This space reserved for metes & bounds description * ** Case No. Attachment C ZA08 -018 Page 8 D2) 0 0 00 m o z � o D J-r a1 0 S � (D C4 � fD '* i, %, �s David Al . George ` ViJ�me Ime". F.9-all DRTCT I 1/2 r rl_E , ,F roa hvAl v sFEc 8 fE 1 r z_DNsFR' t,F r. fAmenre _� h M D_ Lake 1. E rAiIS GA c 3 37 ro onyoy ��'" PT < A fi• -T �LI - _ W b- �t l�(. I ®DRton Conn' 1 0 >- 1 Tarrant Coen Lot 10 II DL si. , - -- - - - I - 1 1 ` -, .. � I � i 1� I � a. � I I °�, C d W Goorge / l ¢lagdsR1 - vol IORTCra9e, 2UT/''1 f I� rr� rAiIS GA c 3 37 ro onyoy ��'" PT < A fi• -T �LI - _ W b- �t l�(. I ®DRton Conn' 1 0 >- 1 Tarrant Coen Lot 10 II ' FrI_, v 04' I J / 04 T ea 5r as ry, {� Erml V. el ux Lesle H°usm 1 1 ` -, .. � Joluine 13603, Page 459 IF d DRTCT 1 ,T t f ,? _.L __ --- _ ti ao6 -1? A, ____2' BI Ui_K I 1 — I KL.I�I� �It Jack N7 t F. u II V ? e redncks ol 1 736, Pap 129 ❑P (T 1 U3�pov d®nszty ro I erfra@ l vL.yr � T' I rT�^ c F_ SITE DATA SUMN�ARY _ - STATHAM/GEORGE ADDITION sa - 11111111"T ien. WMV P�guc ncc[ss 1 1 1-I ur. _ 2. _ _ ' °r sourwe "e ., ru>.a.c T­' ,m .n Nc �nux o Nc vxc _runrou P. ELIMINAPY L___j R -PUD -B HOUSMANS /HARBOR OAKS ADDITION DATE OFF P° PPRATIOFJeLp 3 -15-08 com-�,,.G CITY CASE • Z4 XX -XX1 v rn rntt rx m Z „ V D Z to 0 ZONING PROPOSAL FOR Housmans/Harbor Oaks Addition "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Housmans /Harbor Oaks Addition ( "HHO ") is a proposed 1 lot single family residential development to be constructed on the 1.3 acre lot currently platted as Lot 10, Block 2, Harbor Oaks Addition in the City of Southlake. The development entity proposing the rezoning is Four Peaks Development, Inc. Four Peaks will not own this lot but is making this application on behalf of the owner who will dedicate a common access easement along the north and west side of the lot on which will be constructed a public road to provide access to the lots being planned within the Lake Forest Addition, the Statham/George Addition and the lots north of the Statham/George Addition. The common access easement shall be thirty feet (30') in width and the paving width shall be twenty-four feet (24') Additionally, as part of this PUD application, we are requesting a variance to the sidewalk ordinance so as to not require any sidewalks be constructed as part of this development, recognizing there are no sidewalks in this part of Southlake. This Residential Planned Unit Development shall abide by all the conditions of the City of Southlake Comprehensive Zoning Ordinance for" SF 1 -A "single- family residential zoning district and as amended, with the following exceptions: Open Space: The open space for this lot shall be the east 10% of the lot, save and except that area or areas called for as the public road and/or driveways. Architectural features are permitted within this open area. Also, signage for the Lake Forest Addition and a "gang" mail box to service the lots accessed via the road and right of way easement to be dedicated as contemplated by this R -PUD zoning is permitted to be constructed on the lot within the open space. Garage Setback: Recognizing the existing garage will setback less than twenty feet (20') from the future public access easement and public road, a variance shall be given so that the actual distance the garage sits from the easement and road shall be acceptable and shall not cause a non - complying situation at any time. Sanitary Sewer: Recognizing there is no City sanitary sewer service to this part of Southlake, a waiver of the requirement to install a dry pipe system is requested. Also, the self contained sanitary sewer facility currently employed by the house located on this lot is permitted by this PUD. Any future self contained waste water treatment facilities shall comply with all of the requirements for such systems as called for by the Tarrant County Health Department which shall be the ultimate approval needed for said lot, regardless of any additional restrictions put forth by the City of Southlake. We respectfully ask for approval of this R -PUD application for the Housmans /Harbor Oaks Addition. Having a single point of ingress and egress for all of the lots located in this small corner of Southlake will enhance the overall area and will put forth a cooperative effort to resolve the alternative location for an access road into the Lake Forest Addition. Case No. Attachment C ZA08 -018 Page 10