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Item 8CCity of Southlake Department of Planning STAFF REPORT July 13, 2005 CASE NO: ZA05 -063 P ROJECT: Zoning Change and Development Plan for Estes Park Phase IV REQUEST: On behalf of Trigg & Traci Moore, Joanne Pokladnik, Sonja Callicott, and Kevin & Can Callicott Rhodes, Terra Land Management is requesting approval of a zoning change and development plan for Estes Park Phase IV from "AG" Agricultural, "RE" Residential Estate and "SF -IA" Single Family Residential District zoning to "R -PUD" Residential Planned Unit Development District zoning. The plan proposes the development of approximately 37 acres consisting of 54 residential lots and 8 open space lots. Under the "R -PUD" Residential Planned Unit Development district zoning the applicant proposes the following: This Residential Planned Unit Development shall abide by the "SF -20A" Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended, with the following exceptions: • Lot Area The minimum area of a lot shall not be less 15,000 square feet. • Front Yard The minimum front yard of a lot shall not be less than 30 feet. • Side Yard The minimum side yard shall not be less than 10 feet. • Side Yard Adjacent to a Street The minimum side yard abutting a street shall not be less than 20 feet. • Lot Width Each lot shall have a minimum width of 80 feet. • Rear Yard Each lot shall have a minimum rear yard of 30 feet. • Rear Lot Width A rear lot width of 125 feet adjacent to certain lots shall not apply. • Buffer Lots Buffer lots adjacent to certain lots shall not apply. • Right -of -Way Streets D 1 & D2 shall be one -way streets with a right -of -way of 32 feet and a pavement width of 22 feet. • Curvilinear Streets The maximum centerline curve radius shall be 1,600 feet. (Please refer to page 3 ofAttachment `C' for specific regulations.) 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. 2, dated July 1, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -463 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 05 -063 BACKGROUND INFORMATION OWNERS: Trigg & Traci Moore; Joanne Poldadnik; Sonja Callicott; and Kevin & Cari Callicott Rhodes APPLICANT: Terra Land Management PROPERTY SITUATION: The property is located approximately 405 feet east from the southeast corner of E. Dove Road and N. White Chapel Blvd. LEGAL DESCRIPTION: Lot 1, Larkin H. Chivers No. 300 Addition; Lots 1 & 2, Block 1, Callicott/Rhodes Farms; and Tracts 1A3, 1133A, & 113313, situated in the A. Chivers Survey, Abstract No. 300. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "RE" Residential Estate District, "AG" Agricultural District, and "SF-IA" Single Family Residential District. REQUESTED ZONING: "R -PUD" Residential Planned Unit Development District HISTORY: -City Council approved the "SF-IA" zoning for the Callicott/Rhodes Farms subdivision on February 4, 1997. -A Preliminary Plat was approved by City Council on January 21, 1997. -A Final Plat was approved by the Planning & Zoning Commission on March 20, 1997. -City Council approved the "RE" zoning for Lot 1, L.H. Chivers No. 300 Addition on March 2, 1999. -A Plat Showing was approved by the City of Southlake for Lot 1, L.H. Chivers No. 300 Addition on February 16, 1999. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. White Chapel and E. Dove Street adjacent to the proposed subdivision to be undivided, 5 -lane arterial roadways with 94 feet of right -of -way with a continuous, two -way, center left - turn lane. Right -of -way is being dedicated accordingly. Existinz Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with N. White Chapel Boulevard and one (1) street intersecting with E. Dove Street. The proposed subdivision is also making a street connection into Estes Park Phase 1. Additionally, the proposed subdivision is providing a street stub into the Case No. Attachment A ZA 05 -063 Page 1 property to the south for future connection as development occurs. Both N. White Chapel Boulevard and E. Dove Street are currently 2 -lane, undivided roadways. The capacity of the existing roadway network is approximately 8,400 vehicle trips per day. Under this condition, each roadway would be considered to operate under a level of service 'D'. This development is not expected to warrant expansion of the existing roadway networks. May, 2004 traffic counts on N. White Chapel Blvd (between Dove St and S.H. 114 24hr North Bound NB 1,603 South Bound (SB) (1,877 NB Peak A.M. 140 8 — 9 a.m. Peak P.M. 168 5 — 6 p.m. SB Peak A.M. 175 8 — 9 a.m. Peak P.M. 143 5 — 6 p.m. May, 2004 traffic counts on E. Dove St (between N. White Chapel Blvd and N. Carroll Ave 24hr West Bound (WB) (2,112 East Bound (EB) (2,132 WB Peak A.M. 345 7 — 8 a.m. Peak P.M. 219 3 — 4 p.m. EB Peak A.M. 283 7 — 8 a.m. Peak P.M. 233 3 — 4 p.m. Traffic Impact Use # Lots Vtpd* AM- IN AM- OUT PM- IN PM- OUT Single-Family Residential 54 517 10 30 35 20 *Vehicle Trips Per Day * *The AM /PM times represent the number of vehicle trips generated during the peak travel times on N. White Chapel Boulevard and E. Dove Street. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements on or adjacent to this property. The subdivision ordinance requires minimum 4 -foot wide sidewalks on both sides of the streets within the subdivision and must provide safe connections to City trails. The applicant is proposing a trail along the north side of Boulder Drive that will turn north along Road D making a connection from Phase 1 to E. Dove Street. The trail will connect the open spaces from the two phases. WATER & SEWER: Water The site is served by proposed 8" lines that loop and connect proposed 12" lines on East Dove St. and North White Chapel. A 12" line will be extended from the intersection of East Dove St. and North White Chapel to the southern property line on North White Chapel. Along East Dove St. an existing 8" line will be abandoned and replaced with a 12" line. Sewer The site is served by proposed 8" lines ultimately connecting to an existing manhole near the intersection of Ridgecrest and East Dove St. Case No. ZA 05 -063 Attachment A Page 1 TREE PRESERVATION: Most all of the existing trees are located on the proposed home lots. The entrance to the subdivision off of Dove removes approximately five (5) medium size trees and Road `A' cuts through a mott of trees as it curves south from White Chapel Blvd.. It looks like the design saves the most trees possible on the lots because the existing trees are located at the backs of most of the lots. The only exception to this is Lot 3, Block 2. All of the utilities are proposed to be located within the right -of -way. DRAINAGE ANALYSIS: Stormwater is collected throughout the site and carried by pipe or open swale to a detention pond in Block 5 Lot 1. Stormwater is released at a predeveloped rate through a control structure into the roadside ditch on Dove St. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the State Highway 114 study area to include the following changes: Land Use Recommendations • Existing LUP Designation - Low Density Residential: Proposed development does not meet the criteria for LD- Residential. Definition of LD- Residential — "detached single - family residential development at a net density of one or fewer dwelling units per acre ". Mobility Plan Recommendations • Encourage both pedestrian and vehicular connectivity through proposed developments. This includes sidewalk/trail connectors along both Dove Street and N. White Chapel Blvd. to connect to the city's existing /future trail network. • Preserve the character of development along Dove Street. Dove Street was redesignated from an A5U to an A3U in order to retain the rural character along Dove Street. The proposed development would generate more traffic and change the character along Dove Street. Environmental Resource Protection Recommendations • Preserve any significant tree stands and design the development using any environmental features as an asset to proposed development. To this end, realign proposed streets to minimize impact on mature tree stands and move street stub into the Aventerra property to the east or west. P &Z ACTION: July 7,2005; Approved (5 -0) subject to Development Plan Review Summary No. 2, dated July 1, 2005, and amended as follows: • noting the developer has agreed to make street adjustments, particularly the north street coming out onto Dove Road and the south stub heading into the Aventerra property, in order to maximize tree preservation; • provide a minimum 10 feet wide landscape easement over the required bufferyard along E. Dove Street to be dedicated to the Home Owner's Association; Case No. Attachment A ZA 05 -063 Page 1 • noting the developer stated the entry features would be similar to the current entries into Estes Park; • noting there would be a trail that connects to the trail planned in front of the Brentwood property to the south along White Chapel Blvd.; • and, noting there would be a trail provided along the frontage of E. Dove Street and N. White Chapel Boulevard. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated July 1, 2005. The proposed zoning and development plan as proposed is not compliant with the City's Master Land Use Plan's "Low Density Residential" Land Use Designation on the subject area. A justification letter from the applicant is included as part of Attachment `C'. Any motion for approval of this item should include justification for non - compliance with the Land Use Plan. N: \Community Development \MEMO \2005cases \05- 063ZDP.doc Case No. Attachment A ZA 05 -063 Page 1 Vicinity Map Lot 1, Bk 1, Larkin H Chivers Add. Abst. Soo; Lots 1 & 2, Bk 1, allicott /Rhodes Farms; Tracts 1A3, 1 B A, l B B, A Chivers Abst, Soo Case No. ZA 05 -063 Attachment B Page 1 1000 0 1000 2000 3000 Feet o� 00 W rr rr Ixxl w se t r L° I �I N89'39'5G'E 2] D 979.1 dN894B']B•E y.� , � / _ ' ��L , .�� .asc��YV 2 .v. ,415 . . 6 �5 • LJ �� ' 4 W C1 ©aQd L�C3 g B 1 u . C . SPAtE ;' g L TL l a� U nom BEN SP � a V eoT� m 6 gggg - r�aoc�rs �U � ROfi�9Z' !✓ y a YSSM ✓- t ! Y4 - aq¢n ats2 13.+- u. � x •.. � naxu i cw - J1:.A14 `� 9 ,n u'LN I ly� 2 3 -- 9 �C? E WOrf q .3 u .. ° Q ,4HaLL 00 0 1126,45 NB 4' (� �G LAND USE SCHEDULE (ALL ONE PRASE) �> Ngn LN.LL/ hmE] ¢ sums Lpu� nv�) rF wars a�wEeu �' I roru GNN.uer alher - Eu1rTR rr,Eks �„r �.ra � ...�a. , waaT _ nlm m�tnule Dm oEL¢ Ko cws�mucnu - Yrg 0.L'vaunox x[�f,Riu .nr ,e - x ia� Luw Yp . _ E LOW RL ENDS rnoaroE, .oYe.ca w<! xim M ,V -e S,P3 Sb -B 3V - S mPfiwas.B LD.rs 5t e 9+A¢) N� xEt Rrs opstt L.k(IS L_J N s 0 � 4esFi5@@5Y9Di3.� s s � '! a � � - SITE ® 111 v 1 LOCATION MAP EA 30.YSW ir. iW0 G� �aTn,r r„.kN „• t��.PE �,� .� TG NE �keANN ro ,� xT NEE NEE xNL� s �,nGN a- , tE Eauuw y,E..S Imo, ma¢ Lors) JYrt m � wuverE murx anE�oEnca.{m as un uuv„r.Tn RT rx[ N owt#s a 9x,%.u��+a� secs s 9Y¢ eonwnv purr waRE YaGs xss .uwma. .+wE �x w�oEO. G PRELIMINARYPLAT /DEVELDPMENTPLAN ESTES PARK PHASE IV NsmeNlw Lwsswo°REn SVhCE LG{s) BLdCNrLGT5,. 3 -ZB'. L ° {St.u;BLO°Na- LOTS, 4y'q *c 'L`�}f' ,9LOCK5.LOT512 cYrr of sourRLhNE ralxNaNr couwrT, r>=xAs RECdRd OYrfIE0. Mm v ST OhCRES W { OF Tff LJ CHMERS SWiVET. PSSTMGT SSO .NNE 57, 1985 YS E. 9xee ROaQ [6yieYBxa. swine, Tens a6a5z T Swwae, Te.eeJws3 DEVELDPER ENGINEER sorya CN6cae Jaame RWAiCIIA 4 E. Gmt Hea4 la, s amaJ T��� °WUaGE11ENT EOMPpNY ➢eG{rE UIC 195 W.NORIHWEST RPftKWAV SWLESW t55�]`SST LOdP 826NIXiM -Yx.e etaexa. e.m us ya,ll W TENS..... H1EFR6 i61,e YBUV afaNE0.5 4e Y9150300hY fa[la Y)15skswa 1 o� r 1 1 St OW E _ 6 • — ' U1 • r, •,.NHS #3 L R (} {'T 7i0Y 2J7 TV y .- '„ LOT i t � . , 4397]' N89'28'39' O s, r i.✓� + ".. J 2 Y 13 4. r f - 2. • l- 19, i 22 LOT 1'1 - �r F i � I ,.� r 1•..}FIV I:rr,v,'c•. Fsue s. F. .. _ a"4 - - _ 1 Ir..3}6s -F. G ti Fi]I. f I �„ - #t ._•...', ..., � IsbNl sr. �� + �1� ..- 206.92• 7 F y 779 3' Il „•j 20 ao.e u'W4 13 . n• G l , w -E a r 1 d 121 _ } 5 0 v - ,,.r I' ' " • � , vA�,l�""�`'.�. � �. ^P :�,�; 71xs -s3' ,10 b � N n Residential Planned Unite Development District for Estes Park IV 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 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 fifteen thousand (15,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum 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. Lot Width: Each lot shall have a minimum width of eighty (80) feet. Rear Yard: Each lot shall have a minimum rear yard of thirty (30) feet. Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear property line of certain lots shall not apply to property within this Residential Planned Unit Development.* Section 8.01 G of the Subdivision Ordinance No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property within this Residential Planned Unit Development. * Right of Way: Streets, a North and a South, D1 and D2, are one -way streets with Right of Way of thirty -two (32) feet and street pavement width of twenty -two (22) feet. *The proposed maximum street centerline radius for curvilinear street design requirements shall be 1600'. ZAGS -063 4o�-A RFC "' M AY 3 2005 Case No. Attachment C ZA 05 -063 Page 3 TERRA /ESTES PARK 11, LP June 30, 2005 RE: Proposed Zoning for Estes Park IV, Dove Road, Southlake, TX The owners of 4 tracts of land at the southeast corner of Dove Road and White Chapel contracted with Terra Land Management and Hat Creek Development to sell their property. This totals approximately 37 acres. Our proposed land use is for single - family custom homes. Currently the land use plan calls for low density residential on all the land south of Dove Road. The same site influences effect Phase IV as did Phase I. Noise from the airport, proximity to Adventerra zoned commercial property are influences that point us to a more planned project then the straight one acre lots. As we started our planning and visiting with neighbors on Estes Park I, we discovered more important to them were open space, trails, reducing traffic on Dove Road. The neighborhood, Planning and Zoning Commission, and City Council members jointly came up with a plan that best served the neighborhood. The plan being submitted continues that same concept. Contracting the 4 tracts as a single project has been the hardest part of this process, but we feel gives the city a superior neighborhood. Our plan calls for an extension to the Estes Park concept of many small parks connected to the neighborhoods by trails. The entry off Dove Road starts out with a 3 -acre park (50% larger then the Town Square Park) as the focal entry to the site. As with Estes Park, we plan for required street trees, wrought iron fencing and the quality that has started in Estes Park phase I. In addition we also commit to planning around and saving as many of the existing trees as possible. During the zoning of Phase I the residents along Dove Road were concerned about the traffic. This phase of Estes park is crucial in that it will complete the plan and allow interior traffic to access White Chapel without going on Dove. Interior lots will now have the option of going east to Carroll and west to White Chapel through their neighborhood rather then using Dove Road. In the future we have stubbed out roads south so that there will also be additional connectivity through the Adventerra project to Adventerra Boulevard and Hwy 114. Our plan has large lots adjacent to the existing homes on one acre. There is also typically less then one lot backing up to each existing home. These larger lots also face the entry park making these very attractive lots. Terra Land Management and Hat Creek Development are requesting approval of this RPUD so that there is a continuity buffer between the one -acre lots facing Dove Road and north of Dove Road and the future development of Adventerra. Sincerely, *Paul ain RECD J U N 3 U 2005 Terra/Estes Park II, LP ** 2379N. Carroll, Suite 200 * Southlake, Texas 76092 * Ph 817 -329 -3111 * Fax 817 - 329 -3854 ** Case No. ZA 05 -063 Attachment C Page 4 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA05 -063 Review No.: Two Project Name: Development Plan — Estes Park Phase IV APPLICANT: Terra Land Management Co. Paul Spain 395 W. Northwest Parkway, Suite 300 Southlake, TX 76092 Phone: (817) 410-9201 Fax: (817) 410 -9205 Date of Review: 07/01/05 ENGINEER: DeOtte, Inc. Rich DeOtte 2553 E. Loop 820 North Fort Worth, TX 76118 Phone: (817) 589 -0000 Fax: (817) 590 -8600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/20/05 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 BEN BRYNER AT (817) 748 -8602. Place the City case number "ZA 05 -063" in the lower right -hand corner of the plat. 2. The following changes are needed with regard to easements: a) Provide a 15' Pedestrian Access Easement along the frontage of Lots 7, 8, & 9, Block 3, for the proposed trail. A Pedestrian Access Easement is required for any sidewalks that encroach onto private property. b) Label the easements found in Lots 6 — 13, Block 1. c) Where adjacent property is un- platted or platted showing a 5' U.E., provide a 5' U.E. along the property line. If adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. However, Staff recommends that easements be placed only where needed to provide necessary utility services and, where possible, be placed in a manner that minimized impacts on existing quality trees. Label the width of all sidewalks. The subdivision will require 4' sidewalks on both sides of the streets. 4. The following changes are needed regarding Right -of -Way dedications and interior street geometry: a) Road D should be placed to maximize tree preservation. The applicant has provided a note stating that the entrance pavement and R.O.W. may be adjusted with final plans to protect more trees. b) Relocate the street stub into adjacent south property either to the east or west to maximize tree preservation. Case No. Attachment D ZA 05 -063 Page 1 INFORMATIONAL COMMENTS * Prior to filing of a Final Plat, a Plat Vacation must be processed and approved by City Council after recommendation by the Planning & Zoning Commission to abandon the existing easements for Callicott/Rhodes Farms Addition and Lot 1, L.H. Chivers No. 300 Addition. * A Plat Revision must be approved for the street connection into Estes Park Phase 1 and to revise the lot configuration of Lots 19, 20, & 21, Block 1. * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. * Staff recommends any proposed landscape / bufferyard areas be included in areas designated as landscape easements. Lots 26 & 27 contain a bufferyard with no such easement. It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * A Developers 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 ZA 05 -063 Page 2 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 05 -063 Date of Review: June 30, 2005 Number of Pages: 1 Project Name: Estes Park Phase IV (Zoning / Development) THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 748 -8229. TREE PRESERVATION COMMENTS: Most all of the existing trees are located on the proposed home lots. The entrance to the subdivision off of Dove removes approximately five (5) medium size trees and Road `A' cuts through a mott of trees as it curves south from White Chapel Blvd.. It looks like the design saves the most trees possible on the lots because the existing trees are located at the backs of most of the lots. The only exception to this is Lot 3, Block 2. All of the utilities are proposed to be located within the right -of -way. Residential subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Developers Agreement: No earthwork, grading, utility, street or drainage improvement construction or any other public or private improvements shall be allowed until the developer receives approval of a final plat and, upon approval of a final plat, a developer's agreement has been approved by City Council. Case No. ZA 05 -063 Attachment D Page 3 Surrounding Property Owner Estes Park Phase IV, Preliminary Plat Owner Land Use 1. Westerra Southlake Lp "S -P -1" Mixed Use 56.580 2. Mullikin, Deborah "SF -IA" Low Density Residential 1.156 3. City of Southlake "SF- Low Density Residential 1.024 4. Rawls, Bobby & Lisa "SF -IA" Low Density Residential 1.276 5. Lambert, James & Constance "SF -IA" Low Density Residential 1.230 6. Gonser, Lois I "SF -Lk" Low Density Residential 1.297 7. Campbell, Bradley & Cindy "SF -IA" Low Density Residential 1.262 8. Porter, James & Krystal "SF -IA" Low Density Residential 1.015 9. Myles, Robert & Karamella "SF -IA" Low Density Residential 1.077 10. City of Southlake "SF -IA" Low Density Residential 30.231 11. USA, Fed. Aviation Admin. "SF -IA" Low Density Residential 0.569 12. Strait, Jessica Colleen "SF -IA" Low Density Residential 1.150 13. Dufour, Blair & Cathy "SF -IA" Low Density Residential 1.460 14. City of Southlake "SF -Lk" Low Density Residential 3.400 15. Bailey, Gaylen "AG" Low Density Residential 1.054 16. Heitman, Steven & Denicia "AG" Low Density Residential 0.964 17. Land, Kevin & Melissa & "SF -IA" Low Density Residential 2.150 Choate, Milo 18. Estes Park Ltd. "R -PUD" Mixed Use 10.985 19. Westerra Southlake Lp "NR -PUD" Mixed Use 75.000 20. Davis, Wilburn George "SF -IA" Low Density Residential 8.645 21. Callicott, Sonja; Moore, Trigg "RE ", Low Density Residential NA & Traci; Pokladnik, Joanne "AG ", "SF -IA" Case No. ZA 05 -063 Attachment E Page 1 Surrounding Property Owner Responses Estes Park Phase IV, Preliminary Plat Notices Sent: Twenty (20) Responses: None (0) Case No. ZA 05 -063 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -463 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 1, LARKIN H. CHIVERS NO. 300 ADDITION, LOTS 1 & 2, BLOCK 1, CALLICOTT/RHODES FARMS, AND TRACTS 1A3, 1113A, & 1B3B, SITUATED IN THE A. CHIVERS SURVEY, ABSTRACT NO. 300, BEING APPROXIMATELY 37.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, AND "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 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 "RE" Single Family Residential Case No. Attachment G ZA05 -063 Page 1 Estate District, "SF -IA" Single Family Residential District, and "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or Case No. Attachment G ZA05 -063 Page 2 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 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 Lot 1, Larkin H. Chivers No. 300 Addition, an addition to the City of Southlake, according to the plat recorded in Cabinet `A', Slide 4921, Plat Records, Tarrant County, Texas, Lots 1 & 2, Block 1, Callicott/Rhodes Farms, an addition to the City of Southlake, according to the plat recorded in Cabinet `A', Slide 3539, Plat Records, Tarrant County, Case No. Attachment G ZA05 -063 Page 3 Texas, and Tracts 1A3, 1B3A, & 1B3B, situated in the A. Chivers Survey, Abstract No. 300, being approximately 37.0 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District, "SF -IA" Single Family Residential District, and "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 ", and subject to the following specific conditions: 1. 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 subj ect 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 Case No. ZA05 -063 Attachment G Page 4 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. 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 accred 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. Case No. Attachment G ZA05 -063 Page 5 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 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Case No. ZA05 -063 day of , 2005. Attachment G Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -063 Attachment G Page 7 EXHIBIT "A" Being Lot 1, Larkin H. Chivers No. 300 Addition, an addition to the City of Southlake, according to the plat recorded in Cabinet `A', Slide 4921, Plat Records, Tarrant County, Texas, Lots 1 & 2, Block 1, Callicott/Rhodes Farms, an addition to the City of Southlake, according to the plat recorded in Cabinet `A', Slide 3539, Plat Records, Tarrant County, Texas, and Tracts 1A3, 1B3A, & 1B3B, situated in the A. Chivers Survey, Abstract No. 300, being approximately 37.0 acres: PROPERTY DESCRIPTION BEING a tract of land out of the Larkin H. Chivers Survey, Abstract No. 300 located in the City of Southlake, Tarrant County, Texas, tieing all of that called 11.511 acre tract described in Deed to Trigg Moore and wile Traci Moore as recorded In Volume 14311, Page 307, Tarrant County Deed Records, also being all of that called 9.996 acres described in Deed to Trigg C. Moore & wife Traci D. Moore as reoorded in Volume 13447, Page 206, Tarrant County Deed Records, also be! rig all of that tract of land described in Deed to Joanne Pokladnik recorded in Volume 12408, Page 177, Tarrant County -Deed Records, also being all of that called 7.172 acre tract described in Deed to Cad Rhodes and husband Kevin Rhodes as recorded in Volume 12541, Page 1325, Tarrant County Deed Records, also being all of that called 1.00 acre tract described in Deed to Cad Cailioott Rhodes and Kevin Rhodes as recorded In Volume 12703, Page 817, Tarrant County Deed Records, also being the all of the called 4.89 acre remainder of a 5.884 acre tract described in Deed to Sonja Caliicatt as moorded in Volume 9345, Page 680, Tarrant County Deed Records, and being more fully described as follows: BEGINNING at the northwest comer of Lot 1, Larkin H. Chivers Addition No. 300, an Addition to the City of Southlake as recorded in Cabinet A. Slide4921, Tarrant. County Plat Records, said pointbeing in the east right- c4- wayline of White Chapel Boulevard (47 feet fromcentedine), said point being in the north line of said 9.998 acre Moore tract; THENCE North 89 degrees 28 minutes 39 seconds toast, 979.11 feet to a point for comer, said point being in the northwest line of said 11.511 ace Moons tract, said paint also being the southeast comer of Lot 4R2, Block 1, Amaya Addition to the City of Southlake as recorded in Volume 38 &-148, Page 57, Tarrant County Plat Records; THENCE North 00 degrees 15 minutes 25 seconds East, 433.75 feet along the rrorthwmt line of said 11.511 acre Moore tract and the east line of said Lot 4112 to a pant for comer, said point being in the approximate centerine of existing Dove Road (variable width R.O.W.) THENCE North 89 degrees 39 minutes 50 seconds East, 276.60 feet along the approximate centerline of Dove Road to a point for comer, being the northeast comer of said 11.511 acre tract; THENCE South 0 degrees 17 minutes 13 seconds East, 29.66 feet along the east line of said 11 .51 1 acre tract to a point for comer, being the northwest comer of said Pokladnik tract; THENCE North 89 degrees 31 minutes 45 seconds East 203,14 feet along the north line of said Pokladnik to a point for corner THENCE South 00 degrees 17 minutes 21 seconds !West, 1214 feet along the east line of said Pokladnik tract to a paint for comer, said pant k, eft the northwest comer of Lot 1, Blo* 1, Ca4licottlRhodes Farms, an Addition to ft City of Southlake as recorded in Cabinet A, Page 3539, Tarrant County Plat Records, said point also being in the south right -of -way fine of East Dove Road as shown on said plat; THENCE South 89 degrees 58 minutes 22 seconds East, 263.60 feat along the north line of said Lot 1 and the south right -cif -way line of East Dove Road to a pant for comer, being the northeast comer of said Lot 1: THENCE along the west line of said Callicotl/Rhodes Farm Addition as follows: South 01 degrees 08 minutes 47 seconds West, 836.49 feet to a point for comer, South 89 degrees 39 minutes 04 seconds East, 206,92 feet to a point for comer; South 00 degrees 13 minutes 07 seconds West, 48129 feet to a point for comer, being the southeast comer of said CallicotlJRhodes Farm Addition, being in the north line of a tract of land described in Deed to Westefra Southlake, I_P. as recorded in Volume 12615, Page 339, Tarrant County Deed Records; THENCE North 89 degrees 59 miruttes 19 seconds West, 1,126.93 feet along the north line of said Westerra South lake L_P. tract to a point for comer; THENCE North 00 degrees 17 minutes 13 seconds Wee, 467.20 feet to a point for comer in the south line of the aforementioned 9,996 acre Moore tract, THENCE North 89 degrees 59 minutes 13 seconds West, 779.83 feet to a point for caner, being in the east right -of -way line of White Chapel Boulevard (47 feet from centerline), said point being the southwest comer of the aforementioned 9.996 acre Moore tract; THENCE North 00 degrees 03 minutes 05 seconds West, 447.07 feet along the east right cf -way line of White Chapel Boulevard to ,he POINT OF BEGINNING and containing 37.0 acres of land, more or less. Case No. ZA05 -063 Attachment G Page 8 o� 00 w o lm t� 1� n i N V s u W E ` ensT 1 i3 2 f 1 LOCATION MAP 0 SPAfE � xzo clown v�wfi,.r.trs io srlaHT�sv.IL� ur! •s -u �' aa �.:_ � L>v� � � L � .� : D �� • � 1 � _l L— s �"ror uxe'"n MT�°ii.°eT �u slErr` w,wr Bs u-. r6vv a ago s u `3' iuLL ur 5 ocuu n E.tS 9Bd[n]m �wvxxmY a EvE ^euE YIµ{I {1y {� EN 5PA 9 u J] oao�cs 2vfi'92' 4 I r�L • � �rP+rs I e� .. �. r.. o....:.... o..ram..�u..�.. ®.,- ...®.. ® :r,.� IEW s >., is T I . L � ` � ' • � 9 I 1s ?� 1. �,�.�, v. ®.�...�.6 e...r.....a,.� .,......e,,.......... l Il �� YL - �sst.n w ik La ss l+_1r ...a.o....- ,,.v.. ®.�..a.. m....... ®.....,.® . ®. 4 Ades LAND USE SCHEDULE (ALL ONE PHASE) �mib u�T As PRP MINARY PLAT I DEVELOPMENT ALAN wm off io3 � fB.u/ AmEI � Ewrs lay.% A�1 6 wIYS emu¢ r+'U a. +r.E m. aws- v�o6x m Pru zaxwc Lns19,c usamrrs ro rtE wumvEn ESTES PARK PHASE IV ^ ww �A¢ ! e b5ls lvtlq {.� ��C! {��'� � :..4y AEZ IUi RE91 ^FN]IPL SLRUMSIOx Toir; x 5a I.W i -T6 52.vv -"� "i __Y 154NfYlOFNINL LU[SNW !OPEN SVNCELOTS) 6 �..al.�.a,,.a^!.s eLOCe,.wTS,.,s:lLce><z LOTS i.xn,azce.s. wYS t.,e: rEOCxl. vwtt c AYm suvwtt �TE DATA W—APT cH/ T 4 4 E s.!•yP' wis t- S, EUac6 S.LU]s to mv 4 u o m," , icr_ ° �' °� c mu]iaiE o rc A� mo! ,••.:_ -- ax TO TxE iC _ B vSE BF9�GA ^� � RE�� cvex:.nY sv.@ Tswcncs ouT�M Cx su�nt�x ufsTw.cT Sm lLn �ro m! d B Z Af900tvLLL FECOxUOwxtRS ' m9' id -B G�sS p' s�an� m�vn�9ouenu es�E. ^o••a ws �•�ss�wn JuxE ]].rzWS td - e sw R . z Swtrm,e, pE4ELDPER IXV ' lWBVH E—N— = f d3 4H -B x e 6lev y , J sorya e>ef<ra .9arvu P^xa9na sg NONI]fM1E5T PPftKWar SVlTE3m 5YeA51 LOOPBm1:081H ay. /k 4.^meReau ^ir EUO.e POw 6OUIHW(E i )6093 F YExx69lv�e xE]Pt- 49E^bra 6GAla v.v. /nc sawae_Te.az vw5z e s te,ll.tu9Taf Ax La�Tl <ta9MS iel]1 se4opq Gax l @I]l eln@6m l w n— Ed j, Residential Planned Unite Development District for Estes Park IV 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 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 fifteen thousand (15,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum 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. Lot Width: Each lot shall have a minimum width of eighty (80) feet. Rear Yard: Each lot shall have a minimum rear yard of thirty (30) feet. Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear property line of certain lots shall not apply to property within this Residential Planned Unit Development.* Section 8.01G of the Subdivision Ordinance No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property within this Residential Planned Unit Development. * Right of Way: Streets, a North and a South, D1 and D2, are one -way streets with Right of Way of thirty -two (32) feet and street pavement width of twenty-two (22) feet. *The proposed maximum street centerline radius for curvilinear street design requirements shall be 1600'. Z 05 4 o4,-LA RMT) MAY 31 2005 Case No. Attachment G ZA05 -063 Page 10 TERRA /ESTES PARR. 11, LP June 30, 2005 RE: Proposed Zoning for Estes Park IV, Dove Road, Southlake, TX The owners of 4 tracts of land at the southeast corner of Dove Road and White Chapel contracted with Terra Land Management and Hat Creek Development to sell their property. This totals approximately 37 acres. Our proposed land use is for single - family custom homes. Currently the land use plan calls for low density residential on all the land south of Dove Road. The same site influences effect Phase IV as did Phase I. Noise from the airport, proximity to Adventerra zoned commercial property are influences that point us to a more planned project then the straight one acre lots. As we started our planning and visiting with neighbors on Estes Park 1, we discovered more important to them were open space, trails, reducing traffic on Dove Road. The neighborhood, Planning and Zoning Commission, and City Council members jointly came up with a plan that best served the neighborhood. The plan being submitted continues that same concept. Contracting the 4 tracts as a single project has been the hardest part of this process, but we feel gives the city a superior neighborhood. Our plan calls for an extension to the Estes Park concept of many small parks connected to the neighborhoods by trails. The entry off Dove Road starts out with a 3 -acre park (50% larger then the Town Square Park) as the focal entry to the site. As with Estes Park, we plan for required street trees, wrought iron fencing and the quality that has started in Estes Park phase I. In addition we also commit to planning around and saving as many of the existing trees as possible. During the zoning of Phase I the residents along Dove Road were concerned about the traffic. This phase of Estes park is crucial in that it will complete the plan and allow interior traffic to access White Chapel without going on Dove. Interior lots will now have the option of going east to Carroll and west to White Chapel through their neighborhood rather then using Dove Road. In the future we have stubbed out roads south so that there will also be additional connectivity through the Adventerra project to Adventerra Boulevard and Hwy 114. Our plan has large lots adjacent to the existing homes on one acre. There is also typically less then one lot backing up to each existing home. These larger lots also face the entry park making these very attractive lots. Terra Land Management and Hat Creek Development are requesting approval of this RPUD so that there is a continuity buffer between the one -acre lots facing Dove Road and north of Dove Road and the future development of Adventerra. Sincerely, Paul S am RECD %JUN 3 U" 2005 Terra/Estes Park H, LP ** 2379 N. Carroll, Suite 200 * Southlake, Texas 76092 * Ph 817 -329 -3111 * Fax 817 - 329 -3854 ** Case No. ZA05 -063 Attachment G Page 11