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Item 6ACity of Southlake Department of Planning STAFF REPORT November 1, 2006 CASE NO: ZA06 -119 PROJECT: Zoning Change and Development Plan for Proposed La Mirada REQUEST: On behalf of St. Emillion Partners, Adams Engineering is requesting approval of a zoning change and development plan. The development will follow the uses and regulations of the "SF -IA" single family district and subdivision ordinance with the following exceptions: 1) Minimum 50' front yard on Lots 1 -6 and 8 2) Minimum 40' right -of -way with 28' pavement width face of curb to face of curb 3) Min. centerline curve radii of 180' The plan proposes the following: Gross Acreage 11.61Ac. Net Acreage 10.62 Ac Area of Open Space 1.2 Percentage of Open Space 10.38% Number of Residential Lots/Units 8 Gross Density 0.69 du /ac Net Density 0.75 du /ac At the first reading at City Council on October 3, 2006, City Council required the following: Documents Required at 2" Reading Provided/Not Provided 1. Provide details on screening (i.e. Shown but not described on the berms and fencing). Landscape Plan 2. Provide detail and location of buried Not provided electric and communication utilities. 3. Meet with neighbors Applicant held on -site meeting with the neighbors, two City Council members and City staff on Sunday October 8, 2006 The following changes have been made to the concept plan from last City Council Case No. ZA06 -119 meeting: The south lot boundary of Lot 8 has been shifted to the south from an angle point along the mid -point of the south lot boundary. Some modifications have been made to the berms and fencing along the north boundary adjacent to Brittany Place ACTION NEEDED: 1. Conduct public hearing ATTACHMENTS STAFF CONTACT 2. Consider second reading of zoning change and development plan approval (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Development Plan Review Summary No. 4, dated November 1, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -503 (H) Full Size Plans (for Commission and Council Members Only) Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA06 -119 BACKGROUND INFORMATION OWNER: St. Emillion Partners APPLICANT: Adams Engineering PROPERTY SITUATION: 1925 N. Peytonville Avenue LEGAL DESCRIPTION: Lot 1R, Rougemont Addition LAND USE CATEGORY: Low Density Residential with a Rural Conservation overlay option CURRENT ZONING: "RE" Single Family Residential Estate District REQUESTED ZONING: "R -PUD" Residential Planned Unit Development District HISTORY: -A preliminary plat was approved by City Council for a single agricultural lot on November 2, 1993. -A final plat was approved by P &Z on December 9, 1993. -City Council approved a change of zoning to "RE" on June 2, 1998. -A change of zoning to "SF -IN' on a portion of the property was approved by City Council on August 4, 1998. -City Council approved a plat revision creating Lots 1R & 2 on July 21, 1998. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. Peytonville Avenue to be a 2- lane, undivided collector roadway with 70 feet of right -of -way adjacent to this site. Adequate right -of -way exists for this roadway. The street typology designation for N. Peytonville Avenue is `Rural Road'. Existinm Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with N. Peytonville Avenue. Currently, N. Peytonville Avenue is 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 86 vehicle trips per day to this section of N. Peytonville Avenue, bringing it to 4,276 vehicle trips per day. Case No. Attachment A ZA06 -119 Page 1 May, 2005 traffic counts on N. Peytonville Ave (between Southridge Lakes & W. Dove St 24hr North Bound (NB) (2,060) South Bound (SB) (2,130) NB Peak A.M. (416) 8 - 9 a.m. Peak P.M. (145) 5:15 - 6:15 p.m. SB Peak A.M. (353) 7:45 - 8:45 a.m. Peak P.M. (161) 3:45 - 4:45 p.m. Traffic Impact *Vehicle Trips Per Day * *The AM/PM times represent the number of vehicle trips generated during the peak travel times on N. Peytonville Ave. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends a 6 -foot sidewalk on the east side of N. Peytonville Avenue adjacent to the site. WATER & SEWER: A 12 -inch water line exists along the east side of N. Peytonville Avenue and a 6 -inch water line exists along the west side of the abandoned Brittain Drive in Brittany Place. An 8 -inch sanitary sewer line exists along the west side of N. Peytonville Avenue. TREE PRESERVATION: Approximately 12 trees within the proposed ROW, 5 trees within the detention area and 48 trees within building pads are shown to be removed. Approximately 327 trees are shown to be saved. In addition to the existing trees being preserved, the developer proposes 15 new trees to be installed along the south side of the proposed street. DRAINAGE ANALYSIS: This development drains to the southwest portion of the property into a proposed detention pond which will connect to the storm sewer system in N. Peytonville Avenue. SOUTHLAKE 2025: Land Use Plan Recommendations Underlying Low Density Residential with a Rural Conservation optional designation. P &Z ACTION: September 7, 2006; Approved (4 -3) subject to Development Plan Review Summary No. 2, dated September 1, 2006; with the addition of landscaping buffer; lessen building line on lot 6; increase berm size north of cul de sac; increase the rear set back on lot 6 to 50 feet; and, provide a landscape plan to City Council. COUNCIL ACTION: October 3, 2006; First reading approved (5 -1); requesting that the applicant work with neighbors, in particular with respect to the configuration of Lot 8; provide fencing and screening details; and identify detailed locations for Case No. Attachment A ZA06 -119 Page 2 Use # Lots Vtpd* AM- AM- PM- PM- IN OUT IN OUT Number of Single - Family 8 76 2 4 5 3 Residential Lots *Vehicle Trips Per Day * *The AM/PM times represent the number of vehicle trips generated during the peak travel times on N. Peytonville Ave. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends a 6 -foot sidewalk on the east side of N. Peytonville Avenue adjacent to the site. WATER & SEWER: A 12 -inch water line exists along the east side of N. Peytonville Avenue and a 6 -inch water line exists along the west side of the abandoned Brittain Drive in Brittany Place. An 8 -inch sanitary sewer line exists along the west side of N. Peytonville Avenue. TREE PRESERVATION: Approximately 12 trees within the proposed ROW, 5 trees within the detention area and 48 trees within building pads are shown to be removed. Approximately 327 trees are shown to be saved. In addition to the existing trees being preserved, the developer proposes 15 new trees to be installed along the south side of the proposed street. DRAINAGE ANALYSIS: This development drains to the southwest portion of the property into a proposed detention pond which will connect to the storm sewer system in N. Peytonville Avenue. SOUTHLAKE 2025: Land Use Plan Recommendations Underlying Low Density Residential with a Rural Conservation optional designation. P &Z ACTION: September 7, 2006; Approved (4 -3) subject to Development Plan Review Summary No. 2, dated September 1, 2006; with the addition of landscaping buffer; lessen building line on lot 6; increase berm size north of cul de sac; increase the rear set back on lot 6 to 50 feet; and, provide a landscape plan to City Council. COUNCIL ACTION: October 3, 2006; First reading approved (5 -1); requesting that the applicant work with neighbors, in particular with respect to the configuration of Lot 8; provide fencing and screening details; and identify detailed locations for Case No. Attachment A ZA06 -119 Page 2 burying utilities. October 17, 2006; Approved to table second reading until November 7, 2006. STAFF COMMENTS: Attached is Development Plan Review Summary No. 4, dated November 1, 2006. The plans included have been updated following the on -site meeting held on October 8, 2006. M \Community Development \MEMO \2006cases \06- 119ZDP.doc Case No. ZA06 -119 Attachment A Page 3 Vicinity Map La Mirada ■ „� ■■' IIILII �ii'i R iffs ■■ �■ ■■■ 1000 0 1000 2000 3000 Feet Case No. ZA06 -119 Attachment B Page 1 PROPOSED RPUD USES & REGULATIONS Residential Planned Unit Development District — Land Use and Development Regulations for La Mirada This Residential Planned Unit Development shall abide by all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -1A" Single - Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the follo'Wing exceptions: Lot Area The iiiiniinnin area of a residential lot shall not be less than thirty eight thousand (43,560) square feet. All other non- residential lots shall have no restriction on lot area_ Rights of Way: The right of way to be dedicated to the City shall be forty (40) feet in width. Pavement Width: The width of all public streets shall be twenty eight (28) feet in width from face of curb to face of curb. Horizontal Roadway Curve Radii: The minimuin horizontal radii of residential streets within the development shall be one hundred eighty (I 80) feet. Front Buildlii R Setback: The ini'mmum front building setback line shall be set at 50' for all lots except for Lot 7, which shall be 40' minimum. Case No. Attachment C ZA06 -119 Page 1 L. CA ICI O rn rn O a. a ir Z d3S UJAH 900E u—n UA, a33N WO ah 11111d0 lllC j,-Y lawns vuvm NVId IN3 dvW Ni o I I_ o I A I� V � Q � LOT t LOT 2, BLOCK B BRITTANY PLACE TREEDY SURVEY A•T2 VOLUME 388.199, PAGE 86 PRTCT HT MASONRY LOT 3 (TYP.) 6' HT. TTTRTTLAR STEEL FENCE LOT 6 _ >, LOT 8 ,J 43,560 S.F. l r L Ao .I LOT 2 LOT 5 I 1.08 Ac. LOT 3 t L LOT 4 ( 1 1.08 Aa I 47,232 S.F. I 1.01 Ac. 1.00 Ac. 46,847 S.F. I jI I 43,938 S.F. 43,656 S.F. �.) LOT 6 I L i I `1 1.00 Ac. I 2.1 Ac• } 43,580 94,7 S.f \ I I 1 I \.l - -- - - - -J �� - - - - -J L - - - - -J . _ L - - -- LOT 1 BRITTANYCOURT Plant Legend Y �BLOCK A a Cl r. Indian Hawthorp T REEDY SURVEY A•T2 �taphiolepsis clam BRITTANY PLACE ON Abelia VOLUME 368.199, PAGEINI . Abell. grandillora PRTCT ses 'Harbour Dwarf' Nordin. Betula nigra Nandina domestic. harbour dwarf' LOT sss Dwarf Yaupon Holly t Stevena Ilex x nellie r. elevens' LOT 6 _ >, LOT 8 ,J 43,560 S.F. l r L Ao .I LOT 2 LOT 5 I 1.08 Ac. LOT 3 t L LOT 4 ( 1 1.08 Aa I 47,232 S.F. I 1.01 Ac. 1.00 Ac. 46,847 S.F. I jI I 43,938 S.F. 43,656 S.F. �.) LOT 6 I L i I `1 1.00 Ac. I 2.1 Ac• } 43,580 94,7 S.f \ I I 1 I \.l - -- - - - -J �� - - - - -J L - - - - -J . _ L - - -- LOT 1 I LOT 2 I LOT 3 Plant Legend pt�Live Oak a Cl r. Indian Hawthorp "87 Guarcue Arginiono �taphiolepsis clam Laceburk Elm ON Abelia Ulmue Pmvilflom . Abell. grandillora Rlver Birch ses 'Harbour Dwarf' Nordin. Betula nigra Nandina domestic. harbour dwarf' Nellie R. Holly sss Dwarf Yaupon Holly t Stevena Ilex x nellie r. elevens' Ilex vomitoria no Red Bud ® Miecanthus Gross C., — canacl —is Miscanthus Q Craps M rtle (Existing) Asian Jaemina Trechelospermum aslaticum Lagers indica 7IM Dwarf Burford Holly Ilex cornuta Seasonal Color LOT i LOT 1 LOT I LOT La Mirada Landscapc r1an LOT 8, BLOCK 7 BEEDY SURVEY A•7Y eLW000 PARK U31NET A. SLIDE MTT LOT 9 NOTE: ALL PROPOSED TREES LOCATED WITHIN RESIDENTIAL LOTS SHALL BE PLANTED BY HOMEBUILDER WITH THE EXCEPTION OF LOT 8. PROPOSED TREES LOCATED WOHIN COMMON AREAS AND LOT 8 SHALL BE PROVIDED BY DEVELOPER. RPM SEP 2 2 2006 L 6 1 sD�R Is m= OR 9 I 2u j & LOT 10 osacwc scale / 'Adams ENGINEERING b o' a x n C9 b w l 1 o �z � M 1� 1� n Q =' T - _ e. numlax[. arsL IVie. c or ss ti i +CFLC' t 60 . .us:n nue[= to Loct 'SVRfKE rues, Fmouv I£ a ¢cm u�o eu FAnry � �3m� 4I� A 3 - ---------------------- VILUt GE 41 R �Ko�= i UR xw A E O Urvc+i c xuou'nL.:�r.c :xl wr.r sns o L ee&`eTP ` $ $ - Mo A 1 0. _ a _ - -�- _— -- ___- ... �� zaw[DT __ SF -tA 3a 8w —__ — / _- ------ ----- v3pro 1. h - � r w O I M` �a;�� P �Le� �, a Lore � 3$$ . ]1]1 .E `° mz 7 —U:tsF r'Arx L a �' vn eR lAll jSQii: ;f$9Fjii o -Loa p �ro ,fix• — s _ 7.T I tn Luo� LoR A _ - {{ _ "" - - G N SPACE ,948 � r - �� __ �- •�•_ LOT 9 $ 35 948 s ro ste' - 5 d- 4 _ —__ __— f .f• — r t , L TT s V Z ISPAG Y - 41 LOT j L LOT 2 t 4{O�T4 w �T"5 .. LOT : S.F 847 S F 4 4 .868 S.F. - _ �'^ 1..�..� ,ib� $.'" m- _.Y.`., LO 7 , . , 4 ' 1- " 47252 sF t o x_ sly z �I oe A I� too rK. a3S 3,838 43,636 6k 4fi S 3 J I� ee corE sae I' h.,�..1 37 .1 2 : < r -v_ -e, d € m e / �a I = � ICTI I i" i i i dZu y. �� m Lorz Lore Lora LOT S Lois a,T LADi INET SL IDE 44 "I .1 H, —.—CE zovlrvc 9 , eiNePRicrme4a7 oTe n a zO iuo =ioR to Paoeosan er to M_ �_ a�� a DEVELOPMENT PLAN n '� NOTE6 G4 1 -euirs n A "cr rJm Lot —IN T-11 -11 et L4 MIRADA xa .. i. � yr nnn ��iv „�. S1.HL+DULt. 1 / rxo ecsvos is a ttouncn or su [ u _ �1 Huss xoLCwc or muncs ulo - _ e xnaL n"m wml senor PROIFC ` LOCATION IN 1He TH O CM45 t BE N OV T. �72 - - PLANNED ]EVELOPMENT _ S 0 o Plaxrnr ov r R.,x �� e<e le e P,lo DN P esI Sze ee.o t s - LEGAL DESCRIPTION o - - TAI RE eeN NoRxooD serve v e o v o� �. Ne�.'si Rvfin rExu 7sss4 r , Lv.r<..vr w. 00TO ER 27 , OCTOBER 2J, 2005 VICINITY MAP Aee,4secF. - 1.0 AL CASE IA 6 -1 NE (r 0 v fD O b A� 1 o �z � i A� n b � OLD ORCHARD COUNTRY B BRITTANY COURT �� VOLUME P PAGI PRTCT wwr�mi rvun LOT 2, BLOCK \ \� BRITTANY COURT BRITTANY PLACE TBEFDYSURVEYA -72 — ear n — BLOCKA LOT 1 �\ �1 F — _ -- VOLUME 9881 , PAGE 98 [' TBEEDYSURVEYA -72 \\ LOTS PRTCT 69i BRIErANYPLACE LOT 3 VOLUME 988 -198, PAGE 138 \ e PRTCT \ ��$• II III II §�E� i \\ J LOT 7 \\ w ° ae I I oo� LO �Ac 1.15 �s u 50 , 0 S .F. F � A I � z T_ _d T t� i I r t -�— � � L � 09 E 17 , I Q I I g ���.; LOT z Lor s N a 'LOT 1 1.08 Ac. LOT 4 '„} 1.CB Ac. i 7.D3 Ac. 47.232 S.F. 7.00 A 46,847 S.F 44,8132 S.F. 43,658 5 F � �.1 LOT 6 --f ITT J � `✓ j i w 1.00 Ac. �J 43,6$0 S.F. L t 2(00 Aa 1 Oodz e 1 87,180 SF / o _ - — � L J LOT 8, BLOCKI LOT 8, BLOCKI 1 SEEDY SURVEY A -72 - -- LAU'y P RIOT} LOT1 LOT LOTS LOT LOT5 LOT LOT ppBINET0.SLIDE 8LIDE 4477 LOTS LOT 1D PRTCT L a Mirada Landscape r1an NOTE: ALL PROPOSED TREES LOCATED WITHIN RESIDENTIAL LOTS SHALL BE PLANTED BY HOMEBOILDER WITH THE EXCEPTION OF LOT 8, PROPOSED TREES LOCATED WITHIN COMMON AREAS AND LOT 8 SHALL BE PROVIDED BY DEVELOPER. / Adams ENGINEERING v Cfl Cfl I Q.+ 1 � A C9 b Z �A n Plant Legend Live a Ok Eastern Red Cedar Ouercu s virgin' ana A1` Cupressus virginiona ® Lacebork Elm Ulmus Lae Mtrt gars in parvilflora 0 Shrubs Ri BetI c nigro 0 Annual /Perennial C.I.r L a Mirada Landscape r1an NOTE: ALL PROPOSED TREES LOCATED WITHIN RESIDENTIAL LOTS SHALL BE PLANTED BY HOMEBOILDER WITH THE EXCEPTION OF LOT 8, PROPOSED TREES LOCATED WITHIN COMMON AREAS AND LOT 8 SHALL BE PROVIDED BY DEVELOPER. / Adams ENGINEERING v Cfl Cfl I Q.+ 1 � A C9 b Z �A n o �z � i A Q � ` RIT J T -------------------- -- ------ - FO !/9' 1l8N 'r B OCK e T QT 1 �$I;rAN:PUGE _ V T SEEDY SURVEY P TBEEB C A 6 ryu O TONED LOi3 2 T VOLUME 38819. AGE 96 LOT m LUD LD4 f L Ra Fq 6° ZONED LD 1A a u° !" N f2' R6YA iJi UD I r�9 r l r f re. =Y mrc nnaa - 0'EN SPACE � ' 3.fi.� A L'l - LOT <I ale LA h11RADA ® _ o7 ,ra 4lJ ZV �3 I e lF� I mo Lyry LCtIF. t �I I '� ® .wee PvLl ."lCJ 2 6,-a II -- LAU4ELWOGD LO T PARK .. l06{ I I rp4 C,� LOTx LOTS LOi4 LOTS { LOT6 LOTi L UNE A c ME gp LOT9 \IYSkLDM j ZONED! SF-IA aWl4n MY(' I I I _ I I I I I I LuD —LDR I L OLD ORC HARD COUNTRY ESTATES VOLUISE38etta PAGE4 - -- ZONe- -SF -lA W -- O_InR RAPHC SCA �n 1 SCALE 1' - UL $arc 6p555 S gm C C Fa 4 `x e.�,: FF ff W z z� W= C H i�- dLa W �SY w w v � F i o�i 5.0 y C�, l 1 VICINITY I o1— DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA06 -119 Review No.: Four Project Name: Development Plan— La Mirada Subdivision APPLICANT: St. Emilion Partners, LP Phil Chaffins 1504 Brentwood Trial Southlake, TX 76092 Phone: (817) 849 -1599 Fax: (817) 849 -1703 Date of Review: 11/01/06 ENGINEER: Adams Engineering, Inc. Jay Reissig 500 S. Nolen Drive, Suite 550 Southlake, TX 76092 Phone: (817) 329 -6990 Fax: (817) 329 -7671 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS ORNEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOLUGH AT (817) 748 -8072. 1) Show and label the survey line of the T. Beedy and C. Dart Surveys along Peytonville Avenue. Label the survey names and abstract numbers. 2) Label the type and height of screening and fencing on the plan. 3) Correct the tree preservation plan/survey to show dead trees which have been cleared and pad locations. Insure that the landscape plan matches and identifies preserved trees. 4) The following changes are needed with regard to easements: a) Easements must be provided for water, sewer and /or drainage in compliance with approved construction plans. b) Although utility easements are required along perimeter boundaries of the subdivision, staff recommends locating the easements along the street frontage and limiting the number to what is necessary to provide utility service to the subdivision. 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. Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. Case No. ZA06 -119 Attachment D Page 1 * A Developer's Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. Attachment D ZA06 -119 Page 2 Surrounding Property Owners La Mirada 2 3 23 29 6 7 4 8 5 28 22 24 26 25 27 9 10 11 12 13 14 15 16 30 17 18 19 20 )21 Owner Zoning Land Use Acreage 1. Brugger, Robert & Jane SF-IA Low Density Residential 1.006 2. Lackey, David & Brenda SF-IA Low Density Residential 1.005 3. Klingler, Timothy & Elizabeth SF-IA Low Density Residential 1.009 4. Catino, Robert & Michele SF-IA Low Density Residential 1.027 5. Mattheis, Jeffrey & Brenda SF-IA Low Density Residential 1.024 6. Horn, Jeffrey & Teri SF-IA Low Density Residential 1.011 7. Kemp, Willis & Donna SF-IA Low Density Residential 1.0 8. O'Connor, Timothy & Marcia SF-IA Low Density Residential 1.0 9. Costello, Michael SF-IA Low Density Residential 10.57 10. Wirtala, David AG Low Density Residential 2.34 11. Mitchell, Carlence SF-IA Low Density Residential 1.0 12. Silver, Samuel & Lori SF-IA Low Density Residential 1.0 13. Mehta, Rajeev & Ruchita SF-IA Low Density Residential 1.0 14. Itani, Abdul -Rahm & Dania SF-IA Low Density Residential 1.0 15. Robert, W Pierre III & R M SF-IA Low Density Residential 1.0 16. Coelyn, Ronald & Lynn SF-IA Low Density Residential 1.0 17. Gambero, Darrell & Marilyn SF-IA Low Density Residential 1.0 18. Seaton, David T SF-IA Low Density Residential 1.0 19. Reed, Brian & Heidi SF-IA Low Density Residential 1.0 20. Burkett, John & Laura SF-IA Low Density Residential 1.0 Case No. Attachment E ZA06 -119 Page 1 21. Cogen, Jeffrey SF-IA Low Density Residential 1.0 22. Hutton, Claude & Carol SF-IA Low Density Residential 9.62 23. Andrews, Michael SF-IA Low Density Residential 8.25 24. Bray, Jesse & Melinda SF-IA Low Density Residential 3.972 25. Sullivan, Paul T milion Partners LP 27. Burclde, Robert & Joan SF-IA SF-IA Low Density Residential Low Density Residential Low Density Residential 1.938 11.6M 2.82 28. Horn, Brian & Melanie SF-IA Low Density Residential 1.0 29. Bulls, James & Kimberly SF-IA Low Density Residential 1.0 30. Wirtala, David & Pamela AG Low Density Residential 1.0 Case No. ZA06 -119 Attachment E Page 2 Surrounding Property Owner Responses La Mirada Notices Sent: Twenty -nine (29) Responses Received as of 11:00 AM September 27, 2006: Eighteen (18) Property Owners WITHIN 200 feet Name Address Position SPO # Received *Coelyn, Ronald H. 1412 Laurel Ln Opposed 16 8/25/2006 *O'Connor, Lynn 1035 Brittany Ct Opposed 8 8/29/2006 *Mehta, Rajeev 1418 Laurel Ln Opposed 13 8/30/2006 *Lackey, Brenda & David 1040 Brittany Ct Opposed 2 8/30/2006 *Horn, Melanie 1301 Wakefield Ct Opposed 28 8/31/2006 *Costello, Michael John 1462 N. Peytonville Ave Opposed 9 8/31/2006 *Horn, Jeffrey 1145 Brittany Ct Opposed 6 9/01/2006 *Itam, Abdul 1416 Laurel Ln Opposed 14 9/01/2006 *Burckle, Robert A. 1402 Laurel Ln Opposed 27 9/05/2006 *Mattheis, Brenda 955 Brittany Ct Opposed 5 9/05/2006 *Catino, Robert J. 935 Brittany Ct Opposed 4 9/05/2006 *Silver, Lori & Sam 1420 Laurel Ln Opposed 12 9/05/2006 *Brugger, Robert D. 1060 Brittany Ct Opposed 1 9/07/2006 *Cogen, Jill 1400 Laurel Ln Opposed 21 9/07/2006 *Bray, Melinda C. 1950 N. Peytonville Ave Opposed 24 9/07/2006 *Robert, W. Pierre 1414 Laurel Ln Opposed 15 9/07/2006 *Bulls, Kimberly 1994 N. Peytonville Ave Opposed 29 9/07/2006 Property Owners OUTSIDE 200 feet *Wheeler, Carrie 1140 Brittany Ct Opposed 9/07/2006 * Denotes signature of the City's official opposition petition. Case No. ZA06 -119 Attachment F Page 1 Official Opposition Calculation ZA06 -119 — La Mirada September 27, 2006 11:00 AM 58.5% = Subject Property = 200 -foot buffer area = Properties in Opposition Case No. ZA06 -119 Attachment F Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -503 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 1R, ROUGEMONT ADDITION, BEING APPROXIMATELY 11.61 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, 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 "RE" Single Family Residential Estate District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment G ZA06 -119 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 -119 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 Soutlake, 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 1R, Rougemont Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4652, Plat Records, Tarrant County, Texas, being approximately 11. 61 acres, and more fully and completely described in exhibit "A" from "RE" Single Family Residential Estates District to "R -PUD" Residential Planned Unit Development District with "SF -IA" Single Family Residential District uses as depicted on the approved Development Plan, including "R -PUD" development standards, attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: 1. Case No. ZA06 -119 Attachment G Page 3 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 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 Case No. Attachment G ZA06 -119 Page 4 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. 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. Case No. ZA06 -119 Attachment G Page 5 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 3 rd day of October, 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 -119 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -119 Attachment G Page 7 EXHIBIT "A" Being Lot 1R, Rougemont Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4652, Plat Records, Tarrant County, Texas, being approximately 11.61 acres. Case No. ZA06 -119 Attachment G Page 8 L7 C` H W s�.y 3.a so�awa mno oax_ via wce -evv �t�a) ays ossa -us U�e� � axi Sm �L ]r py W �ca� tl, a31 !N3Wt1013A �� at- v v Sava m r J IN] a° v - -�t azd � N 9m r �z �o =3 � , a dF/W AlINIOIA ai �o �N PROPOSED "R -PUD" USES & REGULATIONS Residential Planned Unit Development District — Land Use and Development Regulations for La Mirada This Residential Planned Unit Development shall abide by all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -IN' Single - Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area : The lnininnun area of a residential lot shall not be less than thirty eight thousand (43,560) square feet. All other non- residential lots shall have no restriction on lot area_ Rights of Way: The right of way to be dedicated to the City shall be forty (40) feet in width. Pavement Width: The width afall public streets shall be twenty eight (?8) feet in width from face of curb to face of curb. Horizontal Roadway Curve Radii: The nunlnluni horizontal radii of residential streets withili the development shall be one hundred eighty (180) feet. Front. Building Setback: The lniniinuln front building setback line shall be set at >0' for alt lots except for Lot 7, which shall be 40' minimum. Case No. Attachment G ZA06 -119 Page 10