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Item 8CCity of Southlake Department of Planning STAFF REPORT June 14, 2006 CASE NO ZA06 -070 P ROJECT: Zoning Change and Concept Plan for 2777 Ridgecrest Drive (f1.6 acres) REQUEST: Kerry Smith is requesting approval of a zoning change and concept plan to "RE" Residential Estate District. A concept plan is included for the purpose of showing the intent to combine this 1.6 acre tract proposed for the zoning change with the adjoining 5.8 acre tract to the west currently zoned "RE" Single Family Residential Estate District. This concept plan also shows the intended configuration of the remaining 1 acre portion of this tract which is concurrently proposed for a zoning change to "SF- IN'. A plat revision establishing the boundaries of the resulting two residential lots is being process currently and will be presented with the second reading of the zoning. ACTION NEEDED: Consider first reading of zoning change and concept plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 1, dated May 12, 2006. (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -494 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 06 -070 BACKGROUND INFORMATION OWNER/APPLICANT: Kerry Smith PROPERTY SITUATION: The property is located at 2777 Ridgecrest Drive LEGAL DESCRIPTION: 1.6 acre portion of Tract 1C1F J.W. Chivers Survey, Abstract No. 350, with the concept plan also including Tract 1 C 1 which is a 5.8 acre tract currently zoned "RE ". LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING Low Density Residential "AG" Agricultural District "RE" Residential Estate District HISTORY: A zoning change to "RE" Residential Estate District was approved on the 5.8 acre tract to the west this request for rezoning. A single lot plat for the 5.8 acres was also approved and is awaiting filing. TRANSPORTATION ASSESSMENT: Case No. ZA 06 -070 Master Thorou ,-hfare Plan The Master Thoroughfare Plan does not make any recommendations for roadways adjacent to the proposed subdivision. Existink Area Road Network and Conditions The lot has direct access onto Ridgecrest Drive. Ridgecrest Drive 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 10 vehicle trips per day to this section of Ridgecrest Drive. This development is not expected to warrant expansion of the existing roadway network. There are no traffic counts for Ridgecrest Drive. Traffic Impact Use 4 Lots Vtpd* AM- AM- PM- PM- IN OUT IN OUT Number of Single - Family 1 10 0 1 1 0 Residential Lots *Vehicle Trips Per Day - Attachment A Page 1 "The The AM /PM times represent the number of vehicle trips generated during the peak travel times on Ridgecrest Drive. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not make any recommendations adjacent to the site. WATER & SEWER: An 8" water line exists along the east side of Ridgecrest Drive. Sanitary sewer was brought to the area with the development of Oak Pointe Phase 1. TREE PRESERVATION: The Landscape Administrator has no comments for this item. DRAINAGE ANALYSIS: This property drains to the east toward the existing pond at the back of the lot. SOUTHLAKE 2025: Land Use Plan Recommendations Land use designation — Low Density Residential. P &Z COMMENTS: May 18, 2006; Approved (5 -0) subject to Concept Plan Review Summary No. 1, dated May 12, 2006, as presented. STAFF COMMENTS: Concept Plan Review Summary No. 1, dated May 12, 2006 is included as attachment `D' of this report. M \Community Development \MEMO \2006cases \06- 070ZCP.doc Case No. Attachment A ZA 06 -070 Page 2 Vicinity Map Case ZA06 -070 Case No. ZA 06 -070 -\,- "RE" Zoning Change Request 2777 Ridecrest Dr I\1 Attachment B Page 1 1000 0 1444 2000 3044 Feet U —0 O 7LO - -3 AKmAmay sy-zmHo A4r a cwv t-k&4U07 oul 'Shmns jeollAleuv ---------- nn nn min IF' Id CONCEPT PLAN REVIEW SUMMARY Case No.: ZA06 -070 Review No.: One Date of Review: 05/12/06 Project Name: Concept Plan — Lots 4R1 and 4R2 J.W. Chivers Survey No. 350 APPLICANT: SURVEYOR: Kerry Smith (817) 454 -5710 Analytical Surveys Peter Lane (817) 488 -6509 Phone: (972) 272 -6287 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05 /01 /06AND 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 DENNIS KILLOUGH AT (817) 748 -8072 The sole purpose of this plan is to demonstrate that the approximate 1.5 acres subject to the rezoning to "RE" is to be combined with the adjoining "RE" zoned 5.8 acres such that the minimum lot area of this district is compliant All development must comply with the City's Drainage Ordinance No. 605 and detain all post development run -off and with applicable zoning, subdivision and building code regulations. 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. Denotes Informational Comment Case No. ZA 06 -070 Attachment D Page 1 Surrounding Property Owners 2777 & 2787 Ridgecrest Dr Zo i g 14 11 1 2 3 Chan Boundar 21 5 22 4 -. 1 8 16 6 2p _ 9 7 19 10 12 13 17 10 Owner 1. Dayton, Janeen 2. Kitchens, Dale & Nancy L 3. Svete, David W & Margaret M 4. H Creek Development LLC 5. Swank, Gregory & Julane J 6. H Creek Development LLC 7. H Creek Development LLC 8. Hochstein, A L & Carrie L 9. Spruiell, Johnie P & Cynthia A 10. Davidson, Gary W & Mary F 11. Jones, Herbert A II 12. Coxsey, Stephen & Diana Case No. ZA 06 -070 Zoning SF-IA SF-IA SF-IA R -PUD R -PUD R -PUD R -PUD SF-IA SF-IA SF-IA AG AG Land Use Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Public Parks / Open Space Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential 1.040 1.0 1.371 0.748 0.629 0.598 3.808 3.42 3.83 1.727 0.595 1.16 Attachment E Page 1 13. Coxsey, Stephen & Diana AG Low Density Residential 4.92 14. Talley, Michael & Kathleen AG Low Density Residential 1.0 15. U S A AG Army Corps of Engineers 2.6 16. Lane, Peter & Ginny RE Low Density Residential 5.82 17. Keen, Thomas A AG Low Density Residential 6.66 18. Keen, Thomas A AG Low Density Residential 0.66 19. Keen, Thomas A AG Low Density Residential 1.68 20. Smith, Kerry L & Amy C Bond AG Low Density Residential 2.54 21. Vetter, Vincent A & Deanne AG Low Density Residential 2.56 22. Vetter, Vincent A & Deanne AG Low Density Residential 0.08 Case No. Attachment E ZA 06 -070 Page 2 Surrounding Property Owner Responses 2777 & 2787 Ridgecrest Dr Notifications Sent: Fifteen (15) Responses Received: One (1) • Janeen Dayton, 3001 Loch Meadow Ct (SPO # 1), filed an Official Opposition Petition with the City on June 2, 2006. Case No. ZA 06 -070 Attachment F Page 1 Property Owner Response Form Reference: ZA •OCa e 020 Z+06 -a - 71 (please print your name and address below as it appeared on your certified letter from the city) 1, Jan -e.2� ��C-a TO Being the owner(s) of the property so noted, do hereby favor/ oppose (circle or underline one) the proposed rezoning of the above referenced property. 16 a -6C Date On � uyA . 2- , 2-uo(P before me, CkW n25±D _Le , Notary Public, personally appeared Mowva JarePg __, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Notary Xiblic My commission expires: dal. 12-� City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 817- 748 -8069 (sea] CLAYTON E, COMSTOCK o,,• o" Notary Public, State o1 Texas s , 1 My Commission Expires November 14, 2009 SMIRM IUM , Case No. ZA 06 -070 Attachment F Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -494 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 A PORTION OF TRACT 1C1F, SITUATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 1.55 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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. ZA06 -070 Attachment G 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, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning Case No. Attachment G ZA06 -070 Page 2 lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract 1C1F, situated in the J.W. Chivers Survey, Abstract No. 350, being approximately 1.55 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family Residential Estate 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, Texas, to reflect the herein changes in zoning. Case No. ZA06 -070 Attachment G Page 3 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. SECTION 6. Case No. Attachment G ZA06 -070 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by Case No. ZA06 -070 Attachment G Page 5 law, and it is so ordained. PASSED AND APPROVED on the Ist reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -070 Attachment G Page 6 EXHIBIT "A" Being a portion of Tract IC IF, situated in the J.W. Chivers Survey, Abstract No. 350, being approximately 1.55 acres. Descriiation goo za tract of land In the Joel W. Chivers Surve Abstract Naamber 350, Southl$ke. Warrant County. Texas. and being descrlbed by Metes and bounds as follows: BEGINNING at U.S. Army Corps of Enoineers Monument #230 -3 which lies by deed call South 01 degrees 32 minutes West, 498 feet, from the Northeast corner of said Chlvers Survey, said monument also being the southeast corner of a tract of land described in deed to the United States of America, recorded in Volume 2323. Page 477. heed Records. Tarrant Count Y, Texas; THENCE South 00 °59'33" West, along the East line of said Smith and Bond tract, a distance of 119.22 feet to a 112" iron rod found at the Southeast corner thereof, and being the Northeast corner of Lot 2, Block 1 of Spring Oak Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388- 174, Page 20, Plat Records, Tarrant County, Texas; THENCE South 87 " West, a distance of 196.80 feet to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set at the Northwest corner of said Lot 2; THENCE North 40 0 39'49" East, a distance of 166.82 feet to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set for comer; THENCE North 49'20'11 " West, a distance of 264.90 feet to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; THENCE South 12 °58'06" West, a distance of 276.92 feet to a 1 /2" iron rod with a yellow plastic cap stamped "RPLS 5310" set in the North line of said Road Dedication, said point also being in a curve to the left, having a radius of 203.80 feet, a central angle of 14'50'13", and a chord which bears North 84 West, a distance of 52.63 feet; THENCE in a Northwesterly direction, along said curve to the left, an are distance of 52.77 feet to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set at the end of said curve; THENCE South 88° 17'46" West, continuing along the North line of said Road Dedication, a distance of 92.00 feet to a 112" iron rod with a yellow plastic cap stamped THENCE Westerly, a distance of 3.11 feet along said curve to a 5/3" ircog p@ = ?o€asai a dedicated for darner, and being in the ceaator? of c-a -o. THENCE North 30 degrees 35 nfnutes 00 seconds East a d'istssice of 424.45 feet to a 5/3" tVOn pin found fOP the south�e5t ct ner of said United States of America zracta THENCE south. 10 €fit minuites Z57 seconds East a distance of 375.00 feet along said 11r:'_'.ed States of America tract to the P01NT OF BEGINNING, said described tract containing 1.55 acres of land. Case No. ZA06 -070 Attachment G Page 7 L' 00 i! 7LO - -3 AKmAmay sy-zmHo A4r a cwv t-k&4U07 oul 'Shmns jeollAleuv ---------- Irl- min a EM: O UN