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Item 8DCity of Southlake Department of Planning STAFF REPORT June 14, 2006 CASE NO ZA06 -071 PROJECT: Zoning Change and Concept Plan for 2777 Ridgecrest Drive (1 acre) REQUEST: Kerry Smith is requesting approval of a zoning change and concept plan to "SF -IA" Single Family Residential District. The purpose of this request is to allow for removal of the existing home and reconstruction of a new home on one acre of land. A variance to the minimum street frontage requirement for residential properties is requested. This property is served by an unimproved public road dedication. Although this dedication was offered for public use it was never improved and accepted by the City. There are three other existing residential lots using this access. If variance is granted, staff will require that the minimum emergency access and fire protection standards of the City Fire Code be met. ACTION NEEDED: Consider first reading of zoning change and concept plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary No. 1, dated May 1, 2006 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -495 Full Size Plans (for Connie s . on and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA06 -071 BACKGROUND INFORMATION OWNER/APPLICANT: Kerry Smith PROPERTY SITUATION: The property is located at 2777 Ridgecrest Drive LEGAL DESCRIPTION: Portion of Tract 1C 1F, J.W. Chivers Survey, Abstract No. 350 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District HISTORY: A zoning change to "RE" Residential Estate District was approved on the 5.8 acre tract to the west of this request for rezoning. A single lot plat for the 5.8 acres was also approved and is awaiting filing. TRANSPORTATION ASSESSMENT: Case No. ZA06 -071 Muster Thorou ,-hfare Plan The Master Thoroughfare Plan does not make any recommendations for roadways adjacent to the proposed subdivision. E_vistin,a 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. Traf 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 Days * *The AN"M times represent the number of vehicle trips generated during the peak travel times on Ridgecrest Drive. Attachment A Page 1 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 and the USA corp. of engineers' property SOUTHLAKE 2025: Land Use Plan Recommendations Land use designation — Low Density Residential. P &Z ACTION: May 18, 2006; Approved (5 -0) subject to Concept P1anReview SummaryNo. 1, dated May 12, 2006; granting the requested variance, requiring the minimum emergency access and fire protection standards of the City Fire Code be met. STAFF COMMENTS: Concept Plan Review Summary No. 1, dated May 12, 2006 is included as attachment `D' of this report. M \Coimnunity Development \MEMO \2006cases \06- 071ZCP.doe Case No. Attachment A ZA06 -071 Page 2 Vicinity Map Case ZA0 -071 W1 Case No. ZA06 -071 "SF -'IA's Zoning Change Request 2777 Ridgecrest Der Attachment B Page 1 E 1000 0 1440 2000 3004 Feet 7LO - ') AADWC70V 09C 'ON SbF-WH Mr a'-UP C7NV i-W SLOT '649WS JUREUV ­j 6 A a Ni CONCEPT PLAN REVIEW SUMMARY Case No.: ZA06 -071 Review No.: One Date of Review: 05/12/06 Project Name: Concept Plan — Lots 4R1 and 4R2 J.W. Chivers Survey No. 350 APPLICANT: Kerry Smith (817) 454 -5710 Peter Lane (817) 488 -6509 SURVEYOR: Analytical Surveys 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 1) All lots must comply with street frontage requirements of the subdivision ordinance. Variance Requested 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. ZA06 -071 Attachment D Page 1 Surrounding Property Owners 2777 & 2787 Ridgecrest Dr 14 11 1 2 3 Zoning Change Boundary 21 5 22 4 15 8 16 ?o 7 19 18 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 13. Coxsey, Stephen & Diana Case No. ZA06 -071 Zoning Land Use Acreage SF-IA Low Density Residential 1.040 SF-IA Low Density Residential 1.0 SF-IA Low Density Residential 1.371 R -PUD Low Density Residential 0.748 R -PUD Low Density Residential 0.629 R -PUD Low Density Residential 0.598 R -PUD Public Parks / Open Space 3.808 SF-IA Low Density Residential 3.42 SF-IA Low Density Residential 3.83 SF-IA Low Density Residential 1.727 AG Low Density Residential 0.595 AG Low Density Residential 1.16 AG Low Density Residential 4.92 Attachment E Page 1 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 ZA06 -071 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 -071 Attachment F Page 1 Property Owner Response Form Reference: ZA - CG e 02o (please print your mmne and address below as it appeared on your certified letter from the city) v� - 7G 0"" 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. S Date On � una 2 2-C) C) & before me, C t .Coca rim Notary Public, personally appeared Marva Ja m- 1 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 rP/ablic My commission expires: NW. City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 817- 748 -8069 Case No. ZA 06 -071 (sea . ,q f& ®,, ,, CLAYTON E. COMSTOCK Notary Public, State of Texas My Commission Expires hEN''� November 14, 2009 hNnua� mm��� Attachment F Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -495 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 1.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan, and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. ZA06 -071 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 -071 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. 00 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-IN' Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Case No. ZA06 -071 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 -071 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 -071 Attachment G Page 5 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: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -071 Attachment G Page 6 EXHIBIT "A" Being a portion of Tract 1CIF, situated in the J.W. Chivers Survey, Abstract No. 350, being approximately 1.00 acres. PROPOSED LOT 4R. -2 Being a tract of land located in the Joel W. C:hivers Survey, Abstract No, 350, and being part of a called 2.55 were tract of land described in a decd to Amy Carson Bond, recorded in Volume 10805, Page 1725, Deed Records, Tarrant County, Texas, and being more particularly described as follows_ BEGNNING at a 1/2" iron rod with a yellow plastic cap stamped "RI LS 5314" set at the Northwest 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 rccorded in Volume 388- 1'74, Page 20, Plat Records, Tarrant County, 'Texas; THENCE North 14"59'14" West, along the Bast line of said road dedication, a distance of 25.00 feet to a 1J2" iron red with a yellow plastic cap stamped "RPLS 5310" set for corner at the Northeast comer thereof; THENCE South 75'00'46" West, along the North line of said Road !Dedication, a distance of 49.50 feet to a 1f2" iron rod with a yellow plastic cap stamped `RPLS 5310" set at the beginning of a tangent curve to the right, having a radius of 73.50 feet, a central angle of 32'19':35 ", and a chord which bears North 89°49'27" West, a distance of 43.74 feet; TI IENC;E in a Northwesterly direction, along said curve to the right, an are distance c 4 4.2 9 feet to a 112" iron rod with a yellow plastic: cap st.ampQd "RPLS 5310" set at the end of said curve; THENCE North 72 West, continuing along the North line of said Road Dedication, a distance of 44.00 feet to a 112" iron rod with a yellow plastic: cap stamped "RPLS 5310" set at the beginning of tangent curve to the left, having a radius of 203.80, a central angle of 04'1 Y59 ", and a chord which bears North 7445'13" Nest, a distance of 14.9 fi et.; THENCE in a Northwesterly direction, m arc distance of 14,94 feet to a 112" iron roil with a yellow plastic cap stamped "RPLS 5310" set at the end of said curve; THENCE North 1258'06;' East, a distance of 276.92 feet to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set for comer; THENC E :South 49 °20' 11" East, a distance of 264.90 feet to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; THENCE South 40 °39'49" West, a distance of 166.82 feet to the PLACE OF 13EG1NNING and containing 43,560 square feet OT 1,000 acre of [arid. Case No. ZA06 -071 Attachment G Page 7 C J 00 i! 7LO--90 A ...... .. .............. -,", kxLxiovogc , oAtsbaAff-ip - mr —up GNV I-hw aLO - a oul 'sAeiunS looil leuv ai