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Item 7ACity of Southlake Department of Planning STAFF REPORT November 29, 2006 CASE NO ZA06 -131 P ROJECT: Zoning Change and Development Plan for Estancia at Southlake REQUEST: On behalf of Ernest E. Taylor, Tejas Capital Partners is requesting approval of a zoning change and development plan from "AG" Agricultural to "R -PUD" Residential Planned Unit Development district. The property is a 7.97 acre tract located at 579 N. Kimball Avenue. The proposed development consists of 13 residential lots and 3 open space lots. The proposed residential density is 1.63 (gross) with an open space percentage of 34.88% (2.78 acres) and average lot size of 12,376 sq. ft. Since this case was presented at the first Planning and Zoning Commission meeting on October 19, 2006, the applicant revised the plans by reducing Block 1 by one lot. The lot areas of Lots 6 & 7 have been increased from an average 12,500 square feet to an average of 19,300 square feet. A revised development plan and tree conservation plan are included in this staff report and the Council packet. (see Attachment C pages 2 and 3) ACTION NEEDED: Consider first reading for zoning change and development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Development Plan Review Summary No. 3, dated November 3, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -509 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Jay Narayana (748 -8072) Case No. ZA06 -131 BACKGROUND INFORMATION OWNER: Ernest E. Taylor APPLICANT: Tejas Capital Partners PROPERTY SITUATION: 579 N. Kimball Avenue LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA06 -131 Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525 Medium Density Residential "AG" Agricultural District "R -PUD" Residential Planned Unit Development District There is no development history on this property. Existink Roachvay Network The proposed development will have its main access from North Kimball Avenue and is proposing a secondary street stub to undeveloped property to the north. Mobility and Master Thorou ,-hfare Plan The functional classification for this segment of North Kimball Avenue is a 4- lane Divided Arterial (A4D) with an 88' R.O.W. The street typology is a Boulevard. Traffic Analysis The traffic impact of the proposed development is as follows: Use VTPD* AM IN AM OUT PM IN PM OUT Residential (14 units) 134 3 8 9 5 *VTPD = Vehicle Trips Per Day The traffic impact of the proposed development on N. Kimball Avenue is expected to be minimal and is not expected to change the existing level of service. Attachment A Page 1 COMPREHENSIVE PLAN ANALYSIS: The 2005 Future Land Use Plan designation for the property is Medium Density Residential. A significant area along the eastern edge of the property, specifically along the drainage creek has been identified in the Environmental Resource Protection Map as a priority area for preservation. The proposed development preserves this area as common open space with natural trails as pedestrian amenities. PATHWAYS MASTER PLAN Case No. ZA06 -131 The Pathways Master Plan identifies a sidewalk ( <8' wide) along North Kimball Avenue. In addition, a multi -use trail has been identified to connect to the Corps of Engineers' property to the north east of the site ( #66 on the map below). The proposed development has identified a natural trail connection to this future trail. Attachment A Page 2 2005 Future Land Use Plan Designation Environmental Resource Protection Map 2005 Master Pathways Plan WATER & SEWER: There is an existing 12" water line and a 12" sanitary sewer in Kimball Avenue that will serve this development. DRAINAGE ANALYSIS: Drainage from this site is generally to the east to an existing creek along the back of the subdivision. The applicant is proposing to make improvements to the creek to improve drainage in the area. Staff recommends minimizing the impact on the existing natural drainage creek through the use of best management practices. TREE PRESERVATION: The property has a significant number of high quality trees along the drainage creek and around the pond. Although approximately 2.7 acres is proposed to be preserved as open space, development of lots 6 and 7 will encroach into environmentally sensitive areas requiring significant grading and removal of high quality trees. Staff recommends reconfiguring the development so as to minimize the impact on the environmentally sensitive areas encompassed by lots 6 and 7. The vegetation around the existing pond, along the creek and on the east side of the creek is very dense. To be used as a park the vegetation within these areas will need to be selectively thinned and maintained. These areas are currently almost inaccessible. P &Z ACTION: October 19, 2006; Approved (5 -0) to table until the November 9, 2006 meeting. November 9, 2006; Approved (4 -1) subject to Zoning and Development Plan Review Summary No. 3, dated November 3, 2006; regulations proposed; and, the applicant's willingness to add a well in order to add water to the pond. STAFF COMMENTS: Attached is a Zoning & Development Plan Review Summary #3, dated November 3, 2006. N: \Coinmunity Development \MEMO \2006cases \06- 13 1ZDP.doc Case No. Attachment A ZA06 -131 Page 3 Vicinity Map EStancia at Southlake I= NORTHWESTpI V y VAST I rrF71 ". { { RI 1400 0 1400 2000 E S 3004 Feet Ht ' M Case No. Attachment B ZA06 -131 Page 1 Residential Planned United Development District - Land Use and Development Regulations for Estancia at Southlake This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -20A" Single - Family Residential zoning district aaad the City of Southlake Subdivision Ordinance No, 453, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than eleven thousand (11,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than twenty -five (25) feet. Side Yard: The tninimum side yard shall not be less than ten (10) Feet. Side Yard Adjacent to a Street: The minimum side yazd abutting a street shall not be less than twenty (20) feet, unless otherwise noted. Rear Yard: Each lot shall have a mininar.ura rear yard of twenty -five (25) feet. Lot Width; Each lot shall have a rrrinimum width of seventy (70) feet, measrued at the Front Yard setback line for each lot as indicated on the Zoning Site Plan, Lot Depth: Each lot shall have a minimum depth of o €re hundred twenty (120) feet, measured at the Side Yard setback lime for each lot as indicated on the Zoning Site Plan. minimum 4' wide concrete sidewalk shall be recluxi on both sides of all internal streets, except where Open Space Lots front the street, M which case the "Internal Trail" location shall be as drown on the Zoning Site Plata. Streets shall have a 40° R- O-W with 30' 0f paving. Case No. Attachment C ZA06 -131 Page 1 o ~' o w . m b � va ,� Notes: fU„elr�gM�±F ry.�rki�g �kl�ll bl3 �attiL�LLI ' . mImq or m ru-m rra 7hn p. srd wediars une� aPoraved by Me RrL: �uY :. r .r - 1 N13r�5B1. ,r r I { I I I Legend 6' Mawroy WO 6` Lal ghk Irpn 19 Type '6' BI rA eryard CGYl Opem s pate 6 OL Awd amnite or Equi vleRt IrAmnal Tmil 4' CaaY.reAe 9dewelk r r 0 L i n L.II ItlltiifMlMirrt .. I I �, I Lr r. L mw luny PT S$5C'+ I A M — M R4hI�N:r�r G.&�: M1. gihr 74a i }7Z= G.a} s Zoning QiSP # Zf 131 iumn 5uow ]s {rp�s 1 13 tt Gtrs LQr1 O(I4� 97 ac I Ske rkm 4 1 1 o - tww � xaa nr 1L9�e. ar9 � Cirvdtivrir L 69 dYeYt FA t[ioSr l §I dY1at I La 5I PiS!Ob'QE! LA4 L3 FWy R .M' Y WS um LL,IR af. & aw K"" LSR" Lt. a r. I PdR/g L U P.' Aram L4nip IACwYrM 1}l.trn tayvs an Rid LLM: KM4 G7R9rr kw"'kw •— mw dm fq: RPA utfilake, f arrant C ounty, Texas N n 1 3 L ots sBL T- 1 : 1 011 �+ }- u"%IdLLG E FK-AE TMW. WI yy...Ll hmvm rM xnmmml„' 7,97 k� Zoning QiSP # Zf 131 W(u "l.. lgci .'lYV.I $&Nino' lftx a= 7.RX?dK,1r9d �oftW„ 4 1 1 1�7 S %Er¢LPrarrt, �1 7 :LwaI�r -P�tl Yi Td: pli.�l -194 re, 9*1411MO Lfw $Prur rrrrtrr&A —F, .27 OCT 1, L x�c> a , . a. awn rsL.917gmu33 $awxLi .Sls a eF x ale M ResIdentfal P -LI.D. Development Plan & Pedesbrlan Access Plan EsVmvwia1at utfilake, f arrant C ounty, Texas N n o ~' o w . b � va ,� Tren *n &KOM ¢Y � LL 1 Q-1V Q-1V Savo T rees f AL Dwde3Atrle Trees :, LL hrrmwil irrrs # JL Legend 5o�ms areuer Cyan 5 SoAMaiw Tree Pres&vleuon Nea r .. 6' Crushed Orwik-a or Egki"lent Y 1i FBI I T41 4 ° !'rurraL. • Sitiew8lk .....T... S � lei ; s -' r 4 I 4 a s 13,4L5 f L,SL.3 sr. 5 , ' l ' l ' 11 X3'' 5 1 AM �J I _ L r L i L r L Sal >oi.; I I lzm f<i. �' 3L,577sf 9 4 { ; I _ TIFF x L A,.reie r murlr � LL 1 a.riyr•uf� rmr,.w• - GkDdP M h.a,er. _} ZCM'FlN Use * ZA06 -131 } —W!3lr 33.274 min 5wr M. ArEwr nwRSl Frill s.at M. IV3dl Ina + II II f.7. {(- rL7ji�Jl[' G po4 3f1 W% 7.47 k 5ft E3.p1� T.972 6[. cf h "Avow 7.07M NA A.~ Late. G—La� _M M7 D—*e :.41 e . 11CXJ A Trt 019a4A.1 Fda.e.0 Lb L3 rF -IIRV WIN— ''Sn:L A,t- rlllM-0 L41 dnE2 � :� �.L Cam. Dn Aram S L u.D4WnN � C EiAW-}LUO. Md �, o.dya�LiY1 Pq�.w� 1/.1.n n.dfiaet4Nld PLV..7 Zmq: POL11 w n � LL 1 - GkDdP M T%m C2prA Patinas • Lvm Fund LIC E�m a E. Ta0.A. _} ZCM'FlN Use * ZA06 -131 I',aL"Iyf'r•�f 5wr M. ArEwr nwRSl Frill s.at M. IV3dl Ina + II II f.7. {(- rL7ji�Jl[' �A y� U wt he4axsr 0 itl Ts MUL saetrm, T— MM T.972 6[. cf h rFIS FS�Lr.rar,sr.afti R "�n'CL k'L�er• PreaOe� T41'b7T•+8.1 -197a ' O a ne ffn AV kfiei�id enw� 4a'�s+ Vft T— am Td:972-31MM fttrN"Ir" 527 11CXJ A Trt 019a4A.1 Fme 937.8W' - YW w Tree Conservation Plan � C snuthlake, Tarrant County, Texas w n o ~' o w . e OVERLOOKING THE POND a 4 ELEMENTS OF COLIIM5 TRY 5 - A, I EITHER 1pE@ - EN �1 f 1 // J MOM eM Q 51 0 �� /� al I EDJNTAIN5 G c PLAN OF ENTRY 4 POND M 1"r 1"r n I� V � ;+ A1711 O SAGE GROUP INC. E OF THE ENTRY FROM KIMBALL RD Masher Mannin Landscape Architecture (972) 929 -W3 3®UTHLAKE l 1 CERAMIC TERRA COTTA TILES ' ROMAN CAPS COPPER CE RAMIC TILE ' _.� ?-, WATER SPOUTS NP WALL d COL. BATTERED CURVED 5TO WALL * CAP TERRA COTTA • • TILE 5A5E TERRA COTTA WATER BOWL ENTRY ELEMENTS �1 :_ SPECIMEN TREES Case No. Attachment C ZA06 -131 Page 5 ENTRY MONUMENT ZONING AND DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA06 -131 Review No.: Three Date of Review: 11/03/06 Project Name: Zoning & Development Plan - Estancia at Southlake APPLICANT: Sage Group 8445 Freeport Parkway Ste 660 Irvin, TX 75063 Phone: 972 - 929 -8443 Fax DEVELOPER: Tejas Capital Partners Phone: Fax: 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 SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT JAY NARAYANA AT (817) 748 -8070. The minimum width required for a one -way divided roadway is 2 F without parking on either side. Please change plans to reflect this. All access and fire protection requirements are subject to City Fire Marshal approval. Contact David Barnes, Fire Marshal, at (8 17) 748 -8233 if you have any questions regarding this requirement. 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. * It appears that this property lies within the 65 LDN D /FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected development 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. ZA06 -131 Attachment D Page 1 Case No. ZA06 -131 Review No. 1_ Dated: 11/03/06 Number of Pages: 1 7AO6 -1' 9, Project Name: Estancia at Southlake Comments due to the Planning Department _8/24/06 Contact: Julie Dove Phone: 817 - 748 -8026 Fax: 817 - 748 -8027 The following comments are based on the review of plans received on 8117106 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. Park Board comments or recommendations: No comments Land /park dedication requirements: Requires payment of park dedication fees in the amount of $1500 per dwelling unit 14 lots x $1500 = $21,000 Pathway Comments: No comments Other informational comments? Case No. ZA06 -131 Attachment D Page 2 Case No. ZA06 -131 Review No. 2 Dated: 11/03/06 Number of Pages: Project Name: Estancia at Southlake -- Zoning Change & Development Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748 -8100 Fax (817) 748 -8077 Email: ctaylor @ci.southlake.tx.us The following comments are based on the review of plans received on 10/4/2006. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Provide all necessary easements for water, sewer and drainage. 2. The limits of the existing creek shall be located in a drainage easement. Label the proposed `Drainage Easement' on the plat. * The curb return radius at the intersection of Kimball Avenue and Estancia Court shall be 30' minimum. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: 1. What Drainage Area # is the remaining on -site drainage area (7.97 acres — 3.5 acres — 0.62 acre = 3.85 acres) shown on the Preliminary Drainage Plan? Where are the corresponding existing and proposed calculations for the 3.85 acres? * The 100 year floodplain shall be tied down on the final plat. Minimum FFEs shall be noted on the final plat for all lots adjacent to the floodplain. * Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * This property drains into Critical Drainage Structure #14 and requires a fee to be paid prior to beginning construction ($222.80 /acre). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit Civil construction plans to Public Works Administration. Ensure that plans conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website under Public Works—Engineering Design Standards. http:// www. cityofsouthlake.com/PublicWorks /engineeringdesign. asp * A ROW permit shall be obtained from the Public Works Operations Department (817) 748 -8082 to connect to the City's sewer, water or storm sewer system. * A Developer's Agreement will be required for this development and must be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. ZA06 -131 Attachment D Page 3 This review is preliminary. Additional requirements may be necessary with the review of construction plans. *= Denotes informational con vent. Case No. ZA06 -131 Attachment D Page 4 Case No. 06 -131 Review No. Three Dated: November 2, 2006 Number of Pages: 1 Project Name: Estancia at Southlake (Zoning Change — Development Plan) Comments due to the Planning Department: November 3, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on October 2, 2006 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: 1. The applicant has combined the previously shown Lots 6 and 7, into one single lot which is shown as Lot 6 on the current submitted Development Plan. Although the topography elevation of Lot 6 is low compared to the other lots within the proposed development, the combining of the lots should help preserve existing trees along the creek and within the south portion of Lot 6, adjacent to the proposed retention pond. Lot 6 will still need a considerable amount of fill dirt placed on it to provide a level area to build a house but retention walls will more than likely need to be utilized in order to preserve the existing trees within the east and south portion of the lot. * Denotes recommendations. Case No. ZA06 -131 Attachment D Page 5 Surrounding Property Owners Estancia at Southlake 18 I -1 Mixed Use 1.610 2. TXU Electric Delivery Co CS Public / Semi -Public 2.547 3. St. Laurence Episcopal Church CS Public / Semi -Public 5.354 16 14 Low Density Residential 1.031 -rjj SF-IA Low Density Residential 0.961 6 AG Medium Density Residential 3.940 17 AG LLI 8.105 8. Episcopal Diocese of Ft. Worth AG Medium Density Residential 1.026 9. Peterson, Robbie Joan SF-IA Low Density Residential 0.515 10. Williams, Cleda SF-IA Low Density Residential 0.918 11. Germany, Karen & Brent SF-IA Q 0.911 12. Scheibel, Tracy SF-IA 15 1.038 13. Scheibel, Tracy SF-IA J 0.498 14. Azamar, Peter SF-IA Low Density Residential 0.666 15. Oates, Richard & Cindy SF-IA J 1.398 16. Azamar, Peter SF-IA Low Density Residential 0.380 17. Azamar, Peter SF-IA Low Density Residential 0.338 18. Gateway Church NR -PUD � 6.614 19. Lela T Boyd Dynasty Trust AG 11 14.820 19 7 Y 10 2 4 Q Z 8 5 2 12 1 3 13 9 FE Owner I Zoning I Land Use I Acreage 1. Kimball Road LP I -1 Mixed Use 1.610 2. TXU Electric Delivery Co CS Public / Semi -Public 2.547 3. St. Laurence Episcopal Church CS Public / Semi -Public 5.354 4. Babaria, Amit & Gordhanbhai SF-IA Low Density Residential 1.031 5. James, David SF-IA Low Density Residential 0.961 6. Hillman, Luther AG Medium Density Residential 3.940 7. Taylor, Earnest AG Medium Density Residential 8.105 8. Episcopal Diocese of Ft. Worth AG Medium Density Residential 1.026 9. Peterson, Robbie Joan SF-IA Low Density Residential 0.515 10. Williams, Cleda SF-IA Low Density Residential 0.918 11. Germany, Karen & Brent SF-IA Low Density Residential 0.911 12. Scheibel, Tracy SF-IA Low Density Residential 1.038 13. Scheibel, Tracy SF-IA Low Density Residential 0.498 14. Azamar, Peter SF-IA Low Density Residential 0.666 15. Oates, Richard & Cindy SF-IA Low Density Residential 1.398 16. Azamar, Peter SF-IA Low Density Residential 0.380 17. Azamar, Peter SF-IA Low Density Residential 0.338 18. Gateway Church NR -PUD Mixed Use 6.614 19. Lela T Boyd Dynasty Trust AG Mixed Use 14.820 Case No. Attachment E ZA06 -132 Page 1 Surrounding Property Owner Responses Estancia at Southlake Notices Sent: Sixteen (16) Responses Receive: Three (3) • DFW International Airport, letter received October 19, 2006 (please see attached) • Mrs. Boyd, 600 N. Kimball Ave, letter in support received November 29, 2006 • Lou Hillman, 603 N. Kimball Ave, letter in support received November 29, 2006 Case No. ZA06 -131 Attachment F Page 1 18 October 2006 MLLASMOFT WOM" IM PPMA71ONAL AIRPORT 1200 EAST NFEF'I'D DRIVE_ Po BOX 09428 DFW AIRPORT TEXA575261 -9 Mr. Vern Stansell ... df— irp-L— Chairman, Planning & Zoning Commission T 97 57.19B11a F 972 574 nohn City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: 1.. ZA06 -068 Revised Concept Plan for "Kimball; Hills" Planning and Zoning Commission Agenda for 19 October, 2006, Item # 8, and 2 ZA06 -131 Zoning Change and Development Flan for "Estancia at Southlake, Planning and Zoning Commission Agenda for 19 October, 2006, Item #9_ Dear Chairman Stansell: The two proposed projects referenced above, if approved, may result in the construction of 31 residential lots, nearly all of them adjacent to the final approach corridor for DPW "s Runway 13R. For reasons stated below, the Dallas/Fort ~!~forth International Airport Board {DFW} views the proposed projects with concern. Referencing the Airport`s Official Noise Contour, the hulk of the two proposed subdivision sites are located within the 65 DN1_ noise contour. The proposed sites lie about 3.25 and 2.5 miles respectively from the north end of Runway 1.38131 L. Both sites are adjacent to the extended centerline of that runway. Curing South Flow, which occurs about 70% of the time approximately 150 arriving aircraft will pass adjacent to the two proposed sites. Altitudes of arrivals adjacent to the Kimball Hills site are 750 — 1150 feet above ground level (AGQ and 530 —760 feet AGL adjacent to Estancia, A graph of approximate locations of the proposed projects and their relationship to the arrival corridor for Runway 13R is attached. According to Federal Aviation Administration guidelines and the City of Southlake's awn Ordinance 479, "Airport Compatible- Land Ilse ", residential development is considered incompatible in this area unless measures to achieve a Boise Level Reduction (NLR) of 35 [pef the Ordinance] are incorporated into design and construction of the structures. Given that the proposed [and use for these two sites is recognized to be incompatible with existing airport operations, given that the locations of these two sites are within the 65 DNL noise contour and are adjacent to an active final approach course, and given the number of daily flights over the sites, there is a high probability of annoyance among any future residents which may increase as the number of DFW aircraft operations increases. In the event that the City deterrnines that the approval of these developments is in its best interest, the Airport strongly encourages that the applicable requirements of Ordinance 479 be applied to these developments and confirrned. The Airport further recommends the following: Full disclosure be made to all potential purchasers and subsequent purchasers of these properties that the property is in the Noise Zone; and, An avigation easement be dedicated to the City of Southlake, the Dallas/Fort Worth IntelnationaI Airport Board, the City of Dallas, and the City of Fort Worth in addition to the Avigation Release called for in Ordinance 479.. H:1Cilies1SoulhlakeKj4nbnll Mills & rNTa iA al Soinhhkit Subdivisions De106 doc Case No. ZA06 -131 Attachment F Page 2 Thank you for your consideration of this matter. Please contact me at your convenience should you wish to discuss our comments further. Sincerely, dra J. L.a aster, M anager Noise Compatibility Office Environmental Affairs Department DFW International Airport (972) 574 -8722 cc: P. Tomme Case No. ZA06 -131 Attachment F Page 3 November 27, 2006 Ladies and Gentlemen of the Council, City of Southlake Texas: We are writing this letter as an expression of'our support for the currently planned development at 579 North Kimball, Southlake, The name of the development is Estancia. Knowing that the homes are being built by custom builders and the entire cormunity will contain less than two homes per acre, we feel confident that this community will follow through with the quality products and, ultimately, a quality project that Southlake is currently known for.. In addition, knowing the project is preserving a natural habitat further enhances our support. We hope that you have the foresight to approve and support this planned project. As a property owner that faces this planned development, we are in full support of this project. Regards, Mrs. Boyd 600 N. Kimball Southlake, Tx. 76092 AdVIR03S ID 30 331130 900? 6 Z AON MA1303d Case No. ZA06 -131 Attachment F Page 3 November 20, 2006 Ladies and Gentlemen of the Southlake City Council: I would like to comment on the proposed Estancia residential development in the 500 block of N. Kimball. My homestead at 603 N. Kimball adjoins that project at its entire north boundary. I have no problem with the density, and I especially like the layout whereby the small lake and surrounding wooded area are retained to provide a habitat for the birds and wildlife that flourish in that stretch that extends to Lake Grapevine. Southlake is developing a reputation for quality uniqueness, and this project fits that mold and has my full support, S Lou Hillman 603 N. Kimball Southlake, TX 76092 RECEIVED NOV 2 9 2006 OFFICE OF CITY SECRETARY Case No. Attachment F ZA06 -131 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -509 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 TRACT 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG " AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20A" 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 FORA 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. Attachment G ZA06 -131 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 -131 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 Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres, and more fully and completely described in exhibit "A" from "AG" Agricultural District to "R -PUD" Residential Planned Unit Development District with "SF- 20A" 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. SECTION 2. Case No. ZA06 -131 Attachment G 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 -131 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 -131 Attachment G Page 5 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 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 -131 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -131 Attachment G Page 7 EXHIBIT "A" Being Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres. LEGAL DESCRIPTION BEING a 7.972 acre tract of land in the Samuel Freeman Survey, Abstract No. 525 in the City of Southlake, Tarrant County, Texas and being a portion of that certain tract of land as described in deed to Earnest E. Taylor, Jr. as recorded in Volume 8348, Page 1174 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod set with a "TQ Burks #5509" cap at the southeast corner of herein described tract and said point also being the southwest corner of Lot 2, Block 1 of the Shropshire Addition an addition to the City of Southlake as recorded in Volume 388 -154, Page 65 of the Plat Records of Tarrant County, Texas in which being by said plat call S 02' 15' 07 "W 1.70 feet from a 1/2" iron rod found, said point also being in the north line of Lot 1R, Block A ST. Laurence Episcopal Church Addition an addition to the City of Southlake as recorded in Cabinet A, Slide 3900 P.R.T.C.T.; THENCE S 89' 54' 26" W along said north line a distance of 171.20 to a 1/2" iron rod found and said point being at the southeast corner of that certain tract of land as described in deed to the Corporation of the Episcopal Diocese of Fort Worth as recorded in Instrument No. D205280217 D,R.T.C.T_; THENCE N 00' 41' 21" E a distance of 99.96 feet to a 1/2' iron rod found; THENCE S 89' 37' 07" W a distance of 410.09 feet to a 1/2" iron rod found in the east right -of- way line of North Kimball Avenue (R.0.W. varies) and being by deed call the northwest corner of said Corporation of the Episcopal Diocese of Fort Worth tract; THENCE N 00' 21' 55" E along said east right -of --way a distance of 556.98 feet to a 1 /2" iron rod set with a "TQ Burks #5509" cap and said point being in the south line of that certain tract of land as described in deed to Luther L. Hillman as recorded in Volume 14264, Page 444 D.R.T.C.T.; THENCE N 89' 45' 52" E leaving said right -of -way and passing at 5.40 feet a 3/4' iron pipe and continuing in all a distance of 602.34 feet to a 1/2" iron rod set with a "TQ Burks #5509 cap and said point being the southeast corner of said Millman tract and also being a point in the west line of that certain tract of land as described in deed to Richard Keith Oates and Cindy Ziglar Oates as recorded in Volume 12338, Page 1352 D.R.T.C.T.; THENCE S 02' 15' 070 distance of 656.90 feet to the Point of Beginning and containing in all 347253 square feet or 7.972 acres of land. Case No. ZA06 -131 Attachment G Page 8 o ~' o w . _ 1 H€W= N6 81F"t Mrk 4 ShM M d + 1 I I . 41" w #$� flute SFM Pte" _ I &Ir= L MIw7P l rrediBm u approved by LM Fire kcy A �`I ggRu�naLL Mard'Iel. 9 I L ;• ...., .. Irk V a4 TIT uau I AF Legend I� J 6 lr+i mghk ]rorl - . 1 d + IA' Iq 14A r� Twrn n�J1 A cmmon Open Swie 6`Cruo7ed mite or G9Ulualallk hyae,. el Tr(rl R. IO L. ..— MITV a [Itliari LA/ rG y '�, �•, l Sll r .Y^ LVA ;Y #' Cor'Cr� •T•:• Sidewalk •-•. ' h � 1 i �� ., n .. I.a I Cw:Spew 35 O{n 275 11.7 �:kL1y,Tylrl Lt V � 1, I I X1 — F1➢7e I 1 41- 1%. r. L 0 &dx �. r.�4 p}F•I.+s II Lot SW NeAe'."LA u '''-- E- MN WLFan L63"Lf. LI r.:.r,-:N - +. ra IL 411—F.Y..LLLLK T- `9Ji'I t'4 WS Am LLP L7a I {gnnprl {re¢F } k— L 116 I!TS'!m Lh—Mr Ila1d'bl Ft.P—d LLLO.: r!t¢)n PTIKr gdyLk" CAS ?brig: IPLU O-W 13 L&S 506� 6R1 ,INC T gMc IARwbrr - U- d%dU:G. Evr� F TMk-.Jr Zoning Case # ZA 6-131 YA I IY JIIUI rIEOFe Q N X79 ML "=I Am 7 pry 7 L I-6tg A t, k.wa±A y� I.3d lil V MW yy !' Lrdlq IW� AM: IWd io -- ° A 7�5i, 117E wn Snrsaxwhrrr:L w NI 7 n 1 � ,� [l(•�- �lstl�i: T� �IT�JI -197 k Te ic�l sa T6; 931-107M 4f&.UL N. iii 2JiJt"f Gfi 7[.. r,.. sSw F4bL 817 2538 . Residential PAID. Development Plan & Pedstrlan Access Plan i at Is Outht J ouchlake, Tarrant County, Texas b� a PROPOSED "R -PUD" USES & REGULATIONS Residential Planned United Development District- - Land Use and Development Regulations for Estaneia at Sou#hlake This Residential Planned Unit Development shall abide by the all conditions of the City of Sottthlalce Gomprehensivc Zoning Ordinwice No. 450, as amended, as it pertains to the "SF -20A" Single - Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483), as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than eleven thousand (11,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than twenty -five (25) feet, Side Yard: The miniinum side yard shall not be less than ten (10) Feet. Side Yard Adjacent to a Street: The minimum side yard abutting a street shall not be less than twenty (20) feet, unless otherwise noted. Rear Yard: Each lot shall have a nainimum Fear yard of twenty -five (25) feet. Lot Width= Each lot shall have a minimum width of seventy (70) feet, meastued at the Front Yard setback line for each lot as indicated on the Zoning Site Plan. Lot Depth: Each lot shall have a minimurn depth of one hundred twenty (120) feet, measured at the Side Yard setback line for each lot as indicated on the Zoning Site Plan. A minimum 4' wide concrete sidewalk shall be required on both sides of all internal streets, except where Open Space Lots front the street, in which case the "Internal Trail" location shall be as shown can the Zoning Site Flan. Streets shall have a 40' R -O -W, with 30' of paving.. Case No. Attachment G ZA06 -131 Page 10 o ~' o w . b � ara � Z -, 2 77 - 7 {cJalltl rr }f S f I 7x•.t{ T*ES 0 A t darde�line Ti aft _, L A, kr•r11p. trams, i 1 C 1 w� ll s F .! 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Case No. Attachment G ZA06 -131 Page 13 CERAMIC TERRA COTTA TILES ROMAN (;AP5 -�.- COPPER WATER SPOUTS Case No. Attachment G ZA06 -131 Page 13