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Item 8BCity of Southlake Department of Planning STAFF REPORT June 14, 2006 CASE NO ZA06 -047 P ROJECT: Zoning Change and Concept Plan for Eldred Addition REQUEST: On behalf of Robert Bullock, Adams Engineering is requesting approval of a zoning change and concept plan for "SF -30" Single Family Residential District zoning. A summary of the proposal is as follows: Requested Zoning Change from "AG" & "SF -20X" to "SF -30" Land Use Designation - Medium Density Residential Gross Land Area - 2.13 acres Net Land Area - 1.97 acres No. of Residential Lots - 2 lots Gross Density - 0.94 du /acre Net Density - 1.01 du /acre Average Lot Area - 0.99 acres. ACTION NEEDED: Consider first reading of zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 2, dated May 12, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -493 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 06 -047 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA 06 -047 Robert Bullock Adams Engineering The property is located at 1206 W. Continental Blvd. Tracts IA, 1A2, & 1A3, situated in the J. Thornhill Survey, Abstract No. 1505 Medium Density Residential "SF -20X" Single Family Residential District and "AG" Agricultural District "SF -30" Single Family Residential District -A change of zoning to "SF -20A" was approved with Southlake Hills East by City Council on April 5, 1994. Master Thoroughfare Plan The Master Thoroughfare Plan recommends W. Continental Boulevard to be a two -lane, undivided collector thoroughfare with 84 feet of right -of -way. Adequate right -of -way is shown to be dedicated. Existinz Area Road Network and Conditions The proposed lots in the subdivision will have direct access onto W. Continental Boulevard. A 30 foot private road and utility easement exists along the eastern boundary. W. Continental Boulevard 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 19 vehicle trips per day to this section of N. Kimball Avenue, bringing it to 7,082 vehicle trips per day. May, 2005 traffic counts on W. Continental Blvd (between Peytonville Ave and White Chapel Blvd 24hr West Bound (WB) (3,662) East Bound (EB) (3,401) WB Peak A.M. (190) 9:45 -10:45 a.m. Peak P.M. (503) 5 - 6 p.m. EB Peak A.M. (383) 7:15 - 8:15 a.m. Peak P.M. (252) 5:15 - 6:15 p.m. Attachment A Page 1 Traffic Imnttct PATHWAYS MASTER PLAN: Use # Lots Vtpd* AM- IN AM- OUT PM- IN PM- OUT Single - Family Residential 2 19 0 1 1 1 *Vehicle Trips Per Day "The The AM /PM times represent the number of vehicle trips generated during the peak travel times on W. Continental Blvd. The Southlake Pathways Master Plan does not make any recommendations adjacent to this project. WATER & SEWER: A 12 -inch water line exists along the south side of W. Continental Boulevard. The applicant is proposing to connect to the 6 -inch sanitary sewer line that exists within the right -of -way for Ridgewood Circle south of W. Continental Boulevard. TREE PRESERVATION: The Landscape Administrator has no comments for this item. DRAINAGE ANALYSIS: Lot 6 drains to the southwest and Lot 7 drains toward the southeast to W. Continental Blvd. SOUTHLAKE 2025: The following recommendations are made for the Eldred Addition: • Preserve trees to the maximum extent feasible. P &Z ACTION: May 18, 2006; Approved (5 -0) subject to Concept Plan Review Summary No. 2, dated May 12, 2006, as presented. STAFF COMMENTS: Attached is Concept Plan Review No. 2, dated May 12, 2006. M \Community Development \MEMO \2006cases \06- 047ZCP.doc Case No. Attachment A ZA 06 -047 Page 2 Vicinity Map Eldred Addition O E M , ■ a C ON TIN EMT. =L I f !f I 5 1000 0 1000 5000 N E S Case No. ZA 06 -047 3000 Feet ■ ■ ■ Attachment B Page 1 o � 00 m 1� A b � C1Q � C9 JG 1 1 a I I II I I I I 9 L OT .e LOT x CR Esr rZxnxEl.rncoafLCrano _ an. .:... LAND UHF. SCHEDULE —Al ncRFl^.L 2.1] cabc� oex.itt rrrz nc9e o.af K .ALE SCALE. 1 = M1U' MPllCAHLO ZOMNG D PROP65CU. SP 90 e CONCEPT SHOWING ffrns 9e� SIN E FFM LY RESIBENII4L BElx6 n 2.f3f IAACI OF WID N rHE JAMES THORNNILL SURVEY. ABSWCT 1505 w me cmr eF s6u61wcE, rnxwwr couxtt, m]s 'NNEO DEVELOPMENT OWNR ]B M 50 E T% 75D32 EuLnxo C D NEESO, Ixa 1. N..N B .. sunE bso ND0. P PNONE (817) 329 -0990 E FN( (61]) 529 -1b]I SURVEYOR z c E,iPAN. eLVD. "s`u eZ S6BIH -1 — 76 cOMPCi. MR. PRESLEY (011) 4Z -6bi1 APRIL 26. 2066 MAY Q 1 2006 ZA06 -047 `r✓ �H r o qo� a ¢ >4 w y U w T " 4 - 0 I.- n VI':;INIIY MAR' NOl TO SCALE CONCEPT PLAN REVIEW SUMMARY Case No.: ZA06 -047 Review No.: Two Date of Review: 05/12/06 Project Name: Concept Plan — Eldred Addition (Lots 6 & 7, J. Thornhill No. 1505 Addition) APPLICANT: Adams Consulting Engineers SURVEYOR: Tri -Tech DFW Surveying Co. Musenda 500 S. Nolen Drive, Suite 550 Southlake, TX 76092 Phone: (817) 329 -6990 Allen Brewster 2825 Exchange Blvd, Suite 104 Southlake, TX 76092 Phone: (817) 442 -5511 Fax: (817) 329 -7671 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/01/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748 -8602. Southlake 2025 comments: Preserve trees to the maximum extent feasible. INFORMATIONAL COMMENTS A fully corrected plan that includes all associated support plans /documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped "approved" by the Planning Department. All development must comply with the City's Drainage Ordinance No. 605 and detain all post development run -off. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. ZA 06 -047 Attachment D Page 1 Surrounding Property Owners Eldred Addition Owner 13 Land Use g 1. Young, Russell W & Evelyn K SF -20B 11 0.628 2. Talley, Mark SF -20B Medium Density Residential 0.406 3. Nazarian, Henrick SF -20B Medium Density Residential 1.203 4. Robertson, Edward & Connie SF -20B 10 0.421 5. Goettlich, Francis SF -20B Medium Density Residential 0.468 6. Hebert, John J SF -20B 9 0.447 7. Dill, Troy G Sr SF -20B Medium Density Residential 16 8. Lapp, Robert S & Diane V SF -20A Medium Density Residential 0.523 9. Callan, Patricia Ann SF -20A Medium Density Residential 18 10. Bartholomew, Bradley & Eliz. SF -20A Medium Density Residential 0.628 11. Cross, Donny N & Angela R SF -20A Medium Density Residential 0.527 12. Kaeini Family First LP SF-IA Medium Density Residential 2.084 13. Kaeini, Mo & Daniela 19 Medium Density Residential 1.569 12 14 Medium Density Residential 1.183 17 20 15 21 3 4 7 2 5 6 1 Owner Zoning Land Use Acreage 1. Young, Russell W & Evelyn K SF -20B Medium Density Residential 0.628 2. Talley, Mark SF -20B Medium Density Residential 0.406 3. Nazarian, Henrick SF -20B Medium Density Residential 1.203 4. Robertson, Edward & Connie SF -20B Medium Density Residential 0.421 5. Goettlich, Francis SF -20B Medium Density Residential 0.468 6. Hebert, John J SF -20B Medium Density Residential 0.447 7. Dill, Troy G Sr SF -20B Medium Density Residential 0.381 8. Lapp, Robert S & Diane V SF -20A Medium Density Residential 0.523 9. Callan, Patricia Ann SF -20A Medium Density Residential 0.562 10. Bartholomew, Bradley & Eliz. SF -20A Medium Density Residential 0.628 11. Cross, Donny N & Angela R SF -20A Medium Density Residential 0.527 12. Kaeini Family First LP SF-IA Medium Density Residential 2.084 13. Kaeini, Mo & Daniela SF-IA Medium Density Residential 1.569 14. Kaeini, Mo & Daniela SF-IA Medium Density Residential 1.183 Case No. ZA 06 -047 Attachment E Page 1 15. Moore, Kristin AG Medium Density Residential 1.0 16. Bradley, James T & Betty AG Medium Density Residential 2.5 17. Moore, Kristin AG Medium Density Residential 1.0 18. Moore, Kristin SF -20A Medium Density Residential 0.13 19. Murray, James P & Ginger AG Medium Density Residential 0.5 20. Murray, James P & Ginger AG Medium Density Residential 0.81 21. Miller, Kurt D AG Medium Density Residential 1.11 Case No. ZA 06 -047 Attachment E Page 2 Surrounding Property Owner Responses Eldred Addition Notices Sent: Fifteen (15) Responses Received: None (0) Case No. ZA 06 -047 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -493 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 IA, 1A2, & 1A3, SITUATED IN THE J. THORNHILL SURVEY, ABSTRACT NO. 1505, BEING APPROXIMATELY 2.13 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -30" 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 and Case No. Attachment G ZA06 -047 Page 1 "SF -20A" Single Family 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 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 -047 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 IA, 1A2, & 1A3, situated in the J. Thornhill Survey, Abstract No. 1505, being approximately 2.13 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF -20X" Single Family Residential District to "SF -30" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit `B ". SECTION 2. Case No. Attachment G ZA06 -047 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 G ZA06 -047 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. SECTION 10. Case No. ZA06 -047 Attachment G Page 5 This ordinance shall be in hill force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA06 -047 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -047 Attachment G Page 7 EXHIBIT "A" Being Tracts IA, 1A2, & 1A3, situated in the J. Thornhill Survey, Abstract No. 1505, being approximately 2.13 acres. FIELD EPESCRiPTEQtJ 13E:I G a calicd 2.126 "cc (92,626 square (oot) troct of land situbted io ther James Thornhill Survey, Abstrorrt No, 1505. TurrarA County. Texas, according to the Geed recorded En Instrument No. D205272532. OfiicId Public Records. TarraAl County rrnd mare particu6ariy dasfflhed us faliows- BEGINNING al a 1/2 inch iron rod found for the ci)Fnmon northimest conger of said Bulftick Tract, and the south m"t corner of Lot 3. flack 2, Southlake 1111s c=ast Addition as recorded in Col>. A. Slide 1952, Plat Records, Tarrant CarrjllY. Tewsoricl belay o point on tim eavt bulundorY line of Lul 5 of Plot Showing Lot;, 3 -5 Pwrohlll No, 1505 Addl #Ion GS iecnrded 1n Cab. a. Slide 5016. of sold Plat Records; T14ENCE North 79'27'49' Eo2t, aiacg the common north braundary line of said Bullock Tract and south bOUndary imc of acid Southloke Hills East Addliian. passTng o copped 5/6 Tnc!13 iron rod found stamped F Sempco Inc" at a distance of 144 R7 leek ana cantinuing a total distance of 174.95 feet to a rapped 5JS inch iron rod starnpad "6aasley RPILS 4054" for an an ji7 Aofn tj TAE 14CE South WFr 58'27' Eosi along iris common ncrtrraost boundary Line of sold Bullock Tract orrd the south boundary line of maid Southlako Klra goat Additidl a diatunce of 14333 foot panning a 1/2 in-ah copAOd iron rad found oad stamped "OeojIgy RPLS 4MO' arrd GQfrtinUinq 4 total dri*Wncc of 155 -16 feet to 0 3/6 inch iron rod found, zoid paint belr,g In #hc cenlerNne of a 30 feet wlde Priwaie rand cmd ulllity easement recordtA in Val. 4998. Pg. 446, THENCE South 00'04'13 W4=t, along the common cant houndary line of said $ullock Trot# and the centerline- of Maid private foaa toserlrenL palming 0 1/2 indh Iran Fud found and being the rrorth west corner of o reaper# 1.106 acre tract of land described In deed to }Curl D. Miller and recorded In Vol. 8105, fig, 1042 Qf Bald deed records and "nMulag to o 318` iron raA found a fatal distance of 267.53 feet, sold point being on V%e north Right aF Way Une of West Continental boulevard (County Road 3099); THENCE North 891541` VMBgt, aiang th9 common boundary line of acid I3ullo& Tract and mid Continentol Boulevprd, distance of 326 43 feet feet to 0 5/8 inch iron rod set with cop aid stomped ' Tri —Tech DFW Surveying TFiENfi:E North 00'0411" West, along the common w @s1 boundary tine of gold Ba#oc^k Tract and past boundary line of ararrrrentioned Lot 5 or Plat Showing Lots .1-5 Thornhil No 1505 Addition. o digtonce of 256 99 feet to the POINT OF BEGINNING and Containing 2 132 acres or 92,89-0 square feet 0 land, more or ie99 Case No. ZA06 -047 Attachment G Page 8 o 0 c 1� A b � C9 1.AYD 'J3F. BCHI ...... �fos_ �aESCL z.iz '(ALL'. I VIC NILEY MAP oT m 1-1 APPllCABLi ZOMNC C Pli0PO9GDG 9P -90 P CONCEPT SHOWING BIDCN t tD15 8 e ] BF)NG JAMES RNH SM THORNHILL SURVEY, A95BRACT �u DEV ELOP TNiY, iD4l c PI.ANNEO DEVELOPMENNT OWNER iao mc++ns cr sauMUxt:, ,x laon ENO NEER ��SENUe, P.E SURVEYOR ' H Dryl buRJEnNC CD., W e SOIfINW{E lW5 - a cONiPCi. MR PR6t£Y (ate 4z -55�t APRIL 26, 2006 MAY 0 1 2006 ZA06 -047 � �e O z qo� a , ti d�4 V a � � W 4.0 ■ W I—I y n- E il