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Item 8ACity of Southlake Department of Planning STAFF REPORT August 1, 2003 CASE NO ZA03 -023 P ROJECT: Estes Park (zoning change and development plan) REQUEST: Terra Land & Cattle Company is requesting approval of a zoning change and development plan. ACTION NEEDED: Consider approval of 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 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -421 (H) Full Size Plans (Ibr Connin s�ion and Council Member. � Orly) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -023 BACKGROUND INFORMATION OWNER/APPLICANT: Terra Land & Cattle Company PURPOSE: The purpose of this request is to receive approval of a zoning change to allow the development of 46 residential lots and 4 open space lots on approximately 31 acres. PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA03 -023 597, 671, 745, and 775 East Dove Road A portion of Lot 2, Vann Addition and Tracts 1A, 1A2, lA2A, and lAlA, situated in the A. Chivers Survey, Abstract No. 299. Low Density Residential "AG" Agricultural District "R -PUD" Residential Planned Unit Development District -A final plat for the Vann Addition was approved by City Council on March 15, 1983. Master Thoroughfare Plan The Master Thoroughfare Plan recommends Dove Street to be a 5 -lane, undivided arterial with a continuous, two -way, center left -turn lane. Right -of- way is being dedicated for this road. Existinz Area Road Network and Conditions The proposed site will have one street intersecting with E. Dove Street. Two street stub -outs have been provided to the properties to the south and to the east. E. Dove Street is currently a 2 -lane, undivided roadway. No plans for improvement in the near future have been made. May, 2003 traffic counts on E. Dove Street (between N. White Chapel and N. Carroll Ave 24hr West Bound (WB) (3,137) East Bound (EB) (3,661) WB Peak A.M. (362) 8 — 9 a.m. Peak P.M. (479) 5 — 6 p.m. EB Peak A.M. (531) 7 — 8 a.m. Peak P.M. (444) 5 — 6 p.m. Attachment A Page 1 Traffic Impact Use # Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT Residential 46 440 9 26 30 17 *Vehicle Trips Per Day *The AMIPM times represent the potential number of vehicle trips generated during the peak travel times on E. Dove Street. WATER & SEWER: There is an existing 6" water line on the south side of E. Dove Street. The applicant is proposing to replace the existing water line with a 12" water line. A force main sewer line exists on the north side of E. Dove Street. The applicant is proposing a sewer line extension from Ridgecrest Drive northwest ofthis site. P &Z ACTION: June 5, 2003; Approved to Table (5 -0) until the July 17, 2003 meeting, allowing the applicant adequate time to convert his zoning change request and hold another SPIN meeting. July 17, 2003; Approved (4 -1) subject to Development Plan Review Summary No. 4, dated July 11, 2003, specifically stipulating the approval of the plan containing 46 lots; that the perimeter fencing will be at least 6' high, made of rod iron, with posts placed in such a way that it will preserve existing trees; a berm with appropriate ground cover will be installed in the lot owned by Paul and Marsanne Howard adjacent to those identified in the plan tonight as lots 13 & 14 of Estes Park; subject to compliance with noise level reduction as specified in Ordinance 479; there will be a 20' bufferline installed along the north side of lot 14 as identified tonight in the Estes Park plan; and within that bufferline, no trees will be removed. STAFF COMMENTS: Attached is Development Plan Review Summary No. 5, dated July 30, 2003. Please note that the 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. Under the "R -PUD" Residential Planned Unit Development district zoning the applicant proposes the following: 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 Case No. ZA03 -023 Attachment A Page 2 amended, with the following exceptions: o Lot Area The minimum area of a lot shall not be less than fifteen thousand (15,000) square feet. o Front Yard The minimum front yard of a lot shall not be less than thirty (30) feet. o Side Yard The minimum side yard shall not be less than ten (10) feet. o Side Yard Adjacent to a Street The minimum side yard abutting a street shall not be less than twenty five (25) feet. o Lot Width Each lot shall have a minimum width of eighty (80) feet. o 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. o 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. N: \Community Development \WP - FILES \MEMO \2003cases \03- 023ZCP.doc Case No. Attachment A ZA03 -023 Page 3 Vicinity Map Estes Park 1000 0 1000 2000 3000 Feet N S Case No. ZA03 -023 E Attachment B Page 1 o 0 c n.+ w pq I� I� n b � a Zia � �, lWlm 3- r � U11 Po !Ya�j 11� .ICNN ! 4 a. � g6�P➢Q1. r Th1rf' � �R � w P NLw11NC(( F�i� s moo. Y — U I— # l>� PAdti91Y0EThf:1aP11BN LOCATION MAP PG B 1 `ES d a,Ram d awn + w swd A Ada 2w bnpacw dn.ia �asamv.A A Np 999 as En en n EdmP�gee � �� ��wu�vrov�nA rws. wse �x w wl� rmna.awm �e r o-�vmd�.l�a sim� �lae; wu J, i1Lm b VPEnne RNI. P.R f &�: am slnan s a peadn dtds 1, 9tin 1 d and Vam PUOnpn m mraene n vA�nIe 306159'pege LVan nvduma rig9 pain'!64 dima.rnmpab Ntlesndnor mplr hwn9+>A{�= nomma. em•v n11ne0. Sunry. 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ESQ arses At'aE3 WCa)F TAF A- finvFA53LWVEV, ABSgRPCi295 tt IR90FHllpE.5bN54tt RE90EN;N cfps mm Nmtl ANJ tdtLO10NEN311�M1£Y, An311wLT 3m b5 / it 3U0 w<nEx A - Es Em Aoy S� a� Nem JULY 55. x11IXi PCRE9 m e e A Rmasf win DEVELOPER LNGINEER ?15E Ane PUr•E OAtuq OtvE OPNLNTrgOpANY BROTlE, OiC. 1.Ax U AWi W O.E �gfamWn 395W hOAOALVEST AftlLWAY SURE 300 x 559 F AST LOOF ffiU w[w Ni 'A5 Uaen hbaa FTE%4fi 162 OdIN.lEYA9 iG le NA 'Yi vm1� IB,rlatrxRail - A81TIa16 lali15a9dalU FA%101A7�� MTY CASE N ZA 03-02 HLEU JUL G 7 LAW �.- n l95r 3DR T[ IB Eae � 1 LI[ - � uu oav+ � v .rc n WeC�a�aY14 _. ao.f.y�a, gy p]( BT � I 2 I 3 I: r ag��LL � � CA wd � pp 3 1 y J . 4 Ll 5 ' ALO l aN s f. LV W .- 4fi - �3 2 l0&0 c.AwE anE E --� 14 13 ! 4 12 9 — ALP ` L. 10 - T -rwE 4 �•-� Ilt i �u�n .n. xee. J7` 4 1 �6F t Ya 1 L 1 f 27 4 . . 1 I nL l ..I C 3Q I E�>, i -Lo I I 26 •y F s I 25 r r o t.l sl 22 _ ', x..., n RRs CJ ova A 1RKY o A' W n¢A Th NC x EP �w< hlcar ov nsi ro9 ut SUE DATA 10L I PG. ]J9 cx`LU.n:: fi inmo usE fWU1.OtE0 MPoANCES t LAND USE SCHEDULE (ALL CNVE PHASE) - - * eP9R- 5F iIX01%;: mAao SF S�sa sr ! .. �/w Irc- adnuFAnn suErnnY rce gLwwFelEdi IW, US OLSIalamvl L �xs Nln rci nfixL.E:L p FbTicE+aaa¢ f um vsL Cll.� Lx NNUOIXUnL U?Ed YPCL .. 6P4P L015 b � f N1119 $ 4 7 u a NwITT IAi L•t 5!Ox Iua ov wBlll m Sn I� E:51rtIG Y�tr1a !d I S Onvumsi amm � gCE Is 7 2cFxlN 20' SIR.F� A. wIEAVAI I9iIi IOOEr1i WAYS PAL 59 lFLT MPE. 5. A41 E>'191wc 4rR1n'lItl1E5 iB OF hfaaOEiU LxttP9 cN E01'2 I . T l wa s Q T ro w, ff Ln15 IYABYrpllS cWFPdIZ Y — U I— # l>� PAdti91Y0EThf:1aP11BN LOCATION MAP PG B 1 `ES d a,Ram d awn + w swd A Ada 2w bnpacw dn.ia �asamv.A A Np 999 as En en n EdmP�gee � �� ��wu�vrov�nA rws. wse �x w wl� rmna.awm �e r o-�vmd�.l�a sim� �lae; wu J, i1Lm b VPEnne RNI. 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' n.wl ®SOT 310T'Egbn9tlW wealmb sre Mtln R•a„E6az a wnN, aYaen mllm:4vy - w,n,dave smawp o-mdlma.sawN.w�lRwmd�.a sd LP vamw asaa 9Y3, eaoe 1 camal'.r� ,as�] 12r ' m. u19• ueR�sw'arawawygn�wlrmed Ne wmla�a LP a aiy nredasz srr. -. raPUa veafi. 5n+mnwnam.mao-., �Ig6Lp ugN,g l.aswu•.w U'M1Ca10wIVAnoNSFam eealwletlm L`aEenlA SYde ]5M,P fhFwaS. tamgCOWAy Ct L.u.�.l0 NF5 wNW 650SW �tewalW2, &prA t.YtarcM fplms Arbnnn,lasssada8l BO miRrd�w �. mE burMaal Ure avdP aR tM1N3 .sll,.aru /dlmepn as Cd In da: eOti,Fwwwxm. f .was: mawws59'Se 2r a .d Edna .mwa,n mn,rz.nr �.nn An road n we.nnammadLd C d 0R0�q AY SGx eas YU aflalxn aacfary - ma mppee a..,mb,a,a.m m:�4 urmwlmm mnxoeEn ' e r40 ac aH2 - B11N .. IA NCS. har]r.�B•txEVrllres,nm and Ld 3N2.aAIIx�vdx00 Wa92rIX mn rtJ. EwN aq awn OMrgm�uvi.eu mmae al Sal i1� 3MnwdBa ts'aa'walaq ma duH wn enwwdtm2l bdNal2EWieonwtl.bW mW dmlloirga.��,xwrt�nd.. i Oaaln lrrFdGN�•an5mnF r314 pegs 1x9&ae�n!cwds iamR Came Texas ifnem N09'MBYEYwgbesw8 amn mala UE4m ®dx00,16[netbalQirc3iRwroi hand aFU Bam9llre:awPree4 caradlOnL�NLeef 'rl.nwsfir9r 5eE.aawwwding.. aarp Ynenm H 113TE.ad• 01x1 21 Iml xW w�9u 1 kln�T� o d denmd691nlaeemle mi0daa80d x30 ad -- -- nrsshn Fcner of eECwn �.. a�dla,e �a`an r a N t. =v ➢- Ev. R[s_ S � II g� IKHaan w u E�BE IW ry� . �.: T t5- 03 DEVELOPMENT PLAN I PRELIMINARY PLAT SIOkMWLNUB a ..r w.ocN 1. wi3ia9: EiLOaE a wts 1a:aLatxa Lms tnfi:9wcx A. wr a: ualxs. Lar 1 iUMMARY CHART ESTES PARK F)aSVNG PROPOSED ,w PwrclagrB TNe [als'Y srvAY fd.0 20V3 O(IY OP SOUTHLANE CaNrrn vN WEA xn9f ARRANT COUNTY. IEXI S � 2qN -YWe h ECBPoB OWNERS a4 _ elu V. ESQ arses At'aE3 WCa)F TAF A- finvFA53LWVEV, ABSgRPCi295 tt IR90FHllpE.5bN54tt RE90EN;N cfps mm Nmtl ANJ tdtLO10NEN311�M1£Y, An311wLT 3m b5 / it 3U0 w<nEx A - Es Em Aoy S� a� Nem JULY 55. x11IXi PCRE9 m e e A Rmasf win DEVELOPER LNGINEER ?15E Ane PUr•E OAtuq OtvE OPNLNTrgOpANY BROTlE, OiC. 1.Ax U AWi W O.E �gfamWn 395W hOAOALVEST AftlLWAY SURE 300 x 559 F AST LOOF ffiU w[w Ni 'A5 Uaen hbaa FTE%4fi 162 OdIN.lEYA9 iG le NA 'Yi vm1� IB,rlatrxRail - A81TIa16 lali15a9dalU FA%101A7�� MTY CASE N ZA 03-02 HLEU JUL G 7 LAW �.- n TERRA LAND DEVELOPMENT CO. April 22, 2003 Re: Zoning of Estes Park, Dove Road, Southlake The owners of 5 tracts of land along Dove Road contacted Terra about developing their land as single family custom homes The planning and inspection of the property showed that the best use for the land is medium density residential. History shows that some of the land was planned for medium density in years past. The site analysis shows an electrical sub - station on the northwest corner and large power towers along the north property line Dove Road- The site rolls gently downward to the north and Dove Road_ All but eight acres of the land is void of trees with most being farmed or grazed_ All the land lies within the noise zone of the airport. Aventerra is currently zoned and planned for The Corporate Center at Aventerra featuring office and other commercial adjoining this site. Aventerra Blvd. is currently planned just several hundred feet south of this tract. It is for these reasons that we believe this land should he a buffer zoning between the higher use of commercial and the low density residential to the north. Low density lots are now generating home in the million dollar range which are not desirable adjoining and Close to commercial uses and power stations. Terra is requesting the property be zoned SF 20A to allow custom homes in the $600,000 to $900,000 price range. Terra Land Development Co. 395 W. Northwest Parkway, Suite 300' Southl" Teuts 76092' Ph 917410-9201 • Fax 817410 -9205 " pvrn �A AY 0 7 2003 Case No. Attachment C ZA03 -023 Page 2 Residential Planned Unit Development District for Estes Park 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 five (25) feet. Lot Width: Each lot shall have a minimum width of eighty (80) 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. Case No. ZA03 -023 Attachment C Page 3 PLAN REVIEW SUMMARY Case No.: ZA03 -023 Review No.: Five Date of Review: 07/30/03 Project Name: Development Plan — Estes Park APPLICANT: Terra Land & Cattle Co. Paul Spain 395 Northwest Pkwy, Suite 300 Southlake, TX 76092 Phone: (817) 410 -9201 Fax: (817) 410 -9205 ENGINEER: DeOtte, Inc. Rich DeOtte 2553 East Loop 820 North Fort Worth, TX 76118 Phone: (817) 590 -0000 Fax: (817) 590 -8600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/25/03 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 OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481 -2073 OR BEN BRYNERAT (817) 481- 2086. 1. Show the required sidewalks on the plan or provide a note that sidewalks will be provided. Sidewalks are required on both sides of the street for residential developments with lot sizes less than 1 -acre. 2. Split lot zoning is not permitted. This zoning and concept plan contains a portion of a platted property. All platted lots involved must be included in an appropriate replat approved by the City. INFORMATIONAL COMMENTS * 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 common area. 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 ZA03 -023 Page 1 Surrounding Property Owners Owner Zoning Land Use Acreage 1. J. Shelton 1. SF1A 1. Low Density Residential 1. 3.63 2. J. Koldus 2. SF1A 2. Low Density Residential 2. 2.00 3. A. Guittierrez 3. AG 3. Low Density Residential 3. 2.80 4. J. Gililand 4. AG 4. Low Density Residential 4. 2.00 5. M. Durham 5. AG 5. Low Density Residential 5. 1.00 6. C. Canalizo 6. SF1A 6. Low Density Residential 6. 1.50 7. R. Hopkins 7. SF1A 7. Low Density Residential 7. 1.00 8. E. Jacks 8. SF1A 8. Low Density Residential 8. 1.50 9. A. Hosea 9. AG 9. Low Density Residential 9. 1.00 10. M. Edwards 10. AG 10. Low Density Residential 10. 2.00 11. A. Hosea 11. AG 11. Low Density Residential 11. 1.00 12. A. Hosea 12. AG 12. Low Density Residential 12. 1.19 13. K. Mussiana 13. AG 13. Low Density Residential 13. 3.08 14. K. Mussina 14. AG 14. Low Density Residential 14. 8.37 15. W. Frank 15. AG 15. Low Density Residential 15. 20.0 16. Westerra Southlake 16. NRPUD 16. Mixed Use 16. 40.0 17. S. Callicot 17. SF1A 17. Low Density Residential 17. 4.82 18. K. Rhodes 18. SF1A 18. Low Density Residential 18. 8.06 19. K. Land/M. Chaoate 19. SF1A 19. Low Density Residential 19. 2.28 20. P. Howard 20. SF1A 20. Low Density Residential 20. 0.99 21. S. Martin 21. AG 21. Low Density Residential 21. 0.33 22.. W. Vann 22. AG 22. Low Density Residential 22. 1.81 23. G. Bailey 23. SF1A 23. Low Density Residential 23. 0.99 24. S. Martin 24. AG 24. Low Density Residential 24. 0.50 25. Shelburne Co. 25. AG 25. Low Density Residential 25. 1.30 26. Brazos Electric 26. AG 26. Low Density Residential 26. 1.00 27. C. Estes, L. Hess, R. 27. AG 27. Low Density Residential 27. 31.3 Cullum, E. Foreman Case No. ZA03 -023 Attachment E Page 1 Estes Park Cr 1 2 4 5 6 r7l s T EAS DOVE S Surrounding Property Owner Responses Estes Park Notices Sent: Twenty -eight (28) Responses: Five (5) from within the 200' notification area: • Scott and Amy Martin, 591 E. Dove Road, Southlake, TX is opposed to the "SF -20" zoning but in favor of a "R -PUD ". See attached petition. (Received June 4, 2003) • Ronald and Lou Cullum, 745 Dove Road, Southlake, TX is in favor. (Received July 7, 2003) • Lonnie Vann, 607 E. Dove Road, Southlake, TX is in favor. (Received July 7, 2003) • Rhonda Cullum & James T. Still, 765 Dove Road, Southlake, TX is in favor. (Received July 10, 2003) • Marsanne Howard, 535 E. Dove Road, Southlake, TX is in favor. (Received July 17, 2003) See attachment. Case No. Attachment F ZA03 -023 Page 1 Property Owner Response .Form Reference: ZA 4 3 — p Z 3 1, S e -17- �- A-/n� m 2T6 Being the owner(s) of the property so noted, do hereby favor/, ppos (circle or underline one) the proposed rezoning of the above referenced property. 0 I pp o5'�� ry /` � - Z0 ►ie ,i Av F4 o /� 047- ter,)' S u V AP t 1d,4TZ d k) - F 9 k -- K — FLT "I> 3 RECD J u N a 4 2003 Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Case No. Attachment F ZA 03 -023 Page 2 PAUL AND MARSANNE HOWARD 535 E. DovE ROAD SOUTHLAKE, TEXAS 76092 (817) 329 -7739 July 15, 2003 RE: Proposed Estes Park Development Ladies and Gentlemen: We are owners of the property and home at 535 E. Dove Road located immediately west of proposed Estes Park lot 416 and immediately north of proposed Estes Park lot #17 (hereinafter referred to as the "Lots ") pursuant to the layout distributed at the most recent Spin meeting. We have discussed at length much of the content of this letter with Mr. Paul Spain, and have enjoyed a positive experience in all our dealings with him. It is our hope that Mr. Spain and his associates enjoy success in their plans to develop Estes Park (contingent upon the protections outlined in the balance of this letter) while at the same time providing improvements for existing neighbors in the immediate area. Because of the significance of our location relative to the Lots, and the downward slope upon which our home is positioned from the Lots, we submit that certain relief from potential adverse effects be provided for in the zoning restrictions and deed(s) related to the Lots, such that any individual or company positioned to alter the Lots shall be required in writing to provide for certain protections as specified herein, in order to insure that our property will not be negatively impacted by alterations on the Lots. Particularly, we are concerned for our many mature oak trees, our privacy, and the "natural" surroundings which our property provides (which is fast becoming `unique" to the area). 1) At the time when the initial clearing of the Lots occurs, berms should be placed at the locations specified with green highlighter on Attachments A and B, such that water from lot #16 flows primarily toward the 40' easement (and one property) to the north *, and water from lot #17 flows primarily toward one property to the west * *. Good- quality top -soil should be placed on the berms at a depth of 4" or more, and hearty ground cover should be densely planted on the berms. * We suggest that in the 40' easement (which is next to Mr. Scott Martin's property) grading or trenching direct water toward the street and not onto either Mr. Martin's property or ours. ** The property to the west of lots 417 and #18 is an open field linked to the side of an existing home which is located to the west of (and facing) our house. Case No. Attachment F ZA 03 -023 Page 3 We understand that during unusually heavy rainfall we will experience some drainage across our property, but require that drainage from the Lots not be routed across our property. Currently, drainage flow onto our property from the existing, heavily wooded and overgrown subject Lots (see Attachment C) is minimal and contained. 2) Wrought -iron fencing consistent in detail and structure with that to be used throughout Estes Park should be placed along the fence lines between our property and the Lots, existing fence along the same lines should be removed, and shrubs or trees immediately planted sufficient in size and density to provide privacy in short order. It is our strong opinion that the position of our home is unique in relation to the proposed development, in that we are immediately downhill and at an angle from the Lots, allowing for a direct line of sight into our home Further, because the new homes on the Lots will be multiple level, we insist that the shrubs and/or trees along the fence line be of a variety that will grow at least 12' in height. It is our hope that these protections will be recorded in the applicable zoning restrictions and deed(s), and that we will soon be welcoming our new neighbors in Estes Park. Very truly yours, 7 Marsanne Howard :mh Attach. RFC,'D JUL 1 7 2003 Case No. Attachment F ZA 03 -023 Page 4 ITO kl -I� c U it �+ U I� U CC M • N O O Z M G� O V N ;AOG -Sw3 ���clm�13 O .�G.. ✓ "ma ~ � ii l • i J � ��-,.. w• `` � ., ' • r_�,, �•'��!•�` -�.. �`�.' +•` �`� \`+"rte fr� Case No. ZA 03 -023 Attachment F Page 6 f f � . .`� �'ti yam` ,,��... '�•. ���clm�13 O .�G.. ✓ "ma ~ � ii l • i J � ��-,.. w• `` � ., ' • r_�,, �•'��!•�` -�.. �`�.' +•` �`� \`+"rte fr� Case No. ZA 03 -023 Attachment F Page 6 w r- `1 O' CA v M M • N O O Z M G� O V N July 10, 2003 Mr. Jim Murphy, Chairman Planning & Zoning Commission City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: Reference No. ZA03 -024, Preliminary Plat for Estes Park Dear Chairman Murphy: DALLAS /FORT WORTH INTERNATIONAL AIRPORT 3200 EAST AIRFIELD DRIVE, PO. BOX 619428 DEW AIRPORT, TEXAS 75261 -9428 www.dfwairport.com T 972 574 8888 F 972 574 0000 I understand that the Planning and Zoning Commission will be considering the Preliminary Plat for Estes Park, ZA03 -024, at its regular meeting of July 17, 2003. The Dallas/Fort Worth International Airport Board ( "DFW ") views with concern the proposed the proposed platting and development, given known noise levels, aircraft activity and related public policy. All, or nearly all, of the property under consideration lies within the Airport Overlay Zone, the Airport's 65DNL contour, as described in the City's Zoning Ordinance No. 479. In fact, the property lies beneath the extended centerline of Runway 13R/3 IL at slightly more than five (5) miles distance from the end of that runway. A map showing this relationship is attached. According to Federal Aviation Administration guidelines and the City of Southlake's own Ordinance 479, "Airport Compatible Land Use ", residential properties within the 65 DNL contour are considered incompatible Additionally, we are concerned with historical aircraft flight information, which documents that the property is subject to routine and regular operations by all types of aircraft operating at DFW International Airport. Excluding helicopters, these aircraft operate as low as 1280 feet above the subject property. The number of aircraft passing within 1 /2 mile of the property on a typical day may be expected to be 100 — 200, between the hours of 0630 and 2230. Approximately 85% of these aircraft will be jets. In the event that the City determines that the proposed rezoning is in its best interest, the Airport Board recommends the following: 1. An aigation easement be dedicated to the Dallas /Fort Worth International Airport Board, the City of Dallas, and the City of Fort Worth, and 2. The 25dB Noise Level Reduction (NLR) specified in Ordinance 479 be mandated and confirmed. Thank you for your consideration of this hatter. Please contact me (972) 574 -8138, at you convenience, should you wish to discuss this issue. Sincerely, Sandra J. Lancaster Manager, Noise Compatibility Office cc: P. Tomme RECD in 1 6 2003 Attachment: Airport Overlay Zone Map segment Dallas/Fort Worth International Airport, Noise Office, P.O. Sox 619428, DFW Airport, Texas 75261 -9428, Phone (972) 574 -8138 Case No. ZA 03 -023 Attachment F Page 8 Ct P-� N w O C� 4� Case No. ZA 03 -023 REG'D Jl_11_ 16 2003 Attachment F Page 9 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -421 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF LOT 2, VANN ADDITION AND TRACTS IA, 1A2, IA2A, AND IAIA, SITUATED IN THE A. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 31.321 ACRES, BEING APPROXIMATELY 105 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 CONCEPT 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 Case No. Attachment G ZA03 -023 Page 1 comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "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, Case No. Attachment G ZA03 -023 Page 2 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 lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Lot 2, Vann Addition and Tracts IA, 1A2, IA2A, and IAIA, situated in the A. Chivers Survey, Abstract No. 299, and being approximately 31.321 acres, more fully and completely described in Exhibit "A" from "AG" Agricultural District to "R -PUD" Residential Planned Unit Development District with "SF -20X" Single Family Residential District uses as Case No. ZA03 -023 Attachment G Page 3 depicted on the approved Concept Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C. ". 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. Case No. Attachment G ZA03 -023 Page 4 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 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 Case No. ZA03 -023 Attachment G Page 5 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 , 2003. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2003. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -023 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -023 Attachment G Page 7 EXHIBIT "A" Being a portion of Lot 2, Vann Addition and Tracts IA, 1A2, IA2A, and IAIA, situated in the A. Chivers Survey, Abstract No. 299, and being approximately 31.321 acres. PROPERTY DESCRIPTION Being a portion of the A. H. Chivers Survey,Abstracl No. 299 and a portion of the L. Chivers Survey, Abstract No. 300 and also being all of those tracts as described in deeds recorded in the deed records, Tarrant County, Texas to Ronald R. Cullum and wife, Lou J. Cullum in Volume 9167, page 1199; to Lee Roy Hess and Mary Colleen Hess in Volume 7809, page 549, to Willie D. Foreman and wife, Rosin B. Foreman in Volume 3415, page 143; to Ronald R_ Cullum and wife, Lou J. Cullum in Volume 7781, page 1847; and a portion of Lot 2, Block 1of the Vann Addition as recorded in Volume 388 -159, page 39 and more particularly described by metes and bounds as follows: BEGINNING at a P.K. nail set at the northwest corner of the A.H. Chivers Survey, Abstract No. 299, in the centerline of County Road No. 3080 (also being Dove Road); Thence N 89 degrees 51'26" E along the centerline of the County Road, a distance of 852.48 feet to a P.K. nail set in the west line of a 2.0 acre tract dedicated to Mary Gwen Edwards in Volume 5D62, page 966, deed records, Tarrant County, Texas; Thence S 00 degrees 38' 36" E along the west line of the Edwards tract, passing a 1 inch iron pipe at 25.0 feet and passing a 3 inch iron pipe at 718.31 feet, in all a distance of 1029.50 feet to a capped "DeOtte, Inc. "5 /8 inch iron rod, set and being in the north line of a 19.998 acre tract of land as dedicated to Walter W. Frank Et ux Samie C. Frank in Volume 13559 page 166, deed records, Tarrant County, Texas; Thence S 88 degrees 52' 06" W along the north line of the aforementioned Frank tract a distance of 855.98 feet to a capped "DeOtte, Inc" 5/8 inch iron rod also being the most northwesterly corner of the aforementioned Frank tract, Thence S 00 degrees 42' 59" E along the westerly line of the tract, a distance of 319.16 feet to a 1/2 inch iron rod, found also being the northeasterly corner of a 271.908 acre tract of land as dedicated to Westerra Southlake, L.P. in Volume 12615, page 339, deed records, Tarrant County, Texas; Thence S 89 degrees 47' 38" W along the north line of the Westerra L. P. tract, a distance of 652.67 feet to a capped "DeCitte, Inc" 5/8 inch iron rod, set also being the southeast corner of Lot 2, Block 1, Callicott/Rhodes Farms Addition as dedicated in Cabinet A, slide 3539, Plat Records, Tarrant County, Texas, Thence N 00 degrees 05'02" W along the east line of Lot 2, Block 1, Callicott/Rhodes Farms Addition, a distance of 481.90 feet to 112 inch iron rod, found and being in the south line of Lot 3R3, Block 1, Steward Addition as recorded in Cabinet A, slide 4814, Plat Records, Tarrant County, Texas, Thence S 89 degrees 56' 25" E along the south line of Lot 3R3, a distance of 21.08 feet to a 1/2 inch iron rod, found and also being the southeast corner of Lot 3R3; Thence N 00 degrees 22' 22" W along the east line of Lot 3R3, a distance of 229.29 feet to a capped iron rod found also being the southwest corner of Lot 3R2, Block 1, Steward Addition, Thence N 89 degrees 37' 59" E along the south line of Lot 3R2, a distance of 208.17 feet to a 518 inch iron rod, found and also being the southwest corner of Lot 3R2; Thence N 00 degrees 15 '24" W along the east line of Lot 3R2 a distance of 104.21 feet to a 112 inch iron rod , found and also being the southwest corner of a 1.0 acre tract of land dedicated to Scott F. Martin in Volume 7370, page 1208, deed records, Tarrant County, Texas Thence N 89 degrees 40' 00" E along the southerly line of the Martin tract a distance of 208.67 feet to a capped "DeOtte, Inc." 518 inch iron rod, set and also being the southeast corner of the Martin tract; Thence S 00 degrees 16'25" E, a distance of 109.44 feet to a capped "DeOtte, Inc." 5/8 inch iron rod, set; Thence N 89 degrees 46'20" E passing a 112 inch iron rod, found, at a distance of 10.01 feet and being the southwest corner of Lot 1, Block 1 of the Vann Addition as recorded in Volume 388 -159, page 39 plat records, Tarrant County, Texas and continuing along the south line of Lot 1 for a total distance of 198.01 feet to a 1/2 iron rod, found, and being the southeast corner of the aforementioned Lot 1; Thence N 00 degrees 17'41" E along the east line of Lot 1, passing a bent iron rod at 421.63 feet and at an offset right of 0.72 feet, and while continuing, passing a concrete monumental a distance of 631.40 feet and continuing for a total distance of 656.40 feet to the POINT OF BEGINNING and containing 31.321 acres of land, more or less. 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I 25 s 'I m..mNar.s zrc .a.wA.azl wnn xan• w lr�,wmn wpm _w ami., �.,m�w..c m. 'N a f �� 124 9 2 Ac e!. s F VY E �uxztw' LAND USE SCHEDULE CALL ONE PHASE) s , U. Ir Rf9ow,es ru. > ; �. m .s n.1 se I- IV— p3 0: DEVaGPA ENT PLAN / PRELIMINARY PLAT . - L� cal ov eeY roe eIZ � .. _ m u[auca WIs 5 -ta. eiotx..wrti WalMS.<m SITE VATA SUMMARY CHART ESTES PARK EMSTING PROPOSED tN.IP.,EO 5[NEpxli YW o..tanrx[nr CITY OF SO !_VtE zAFR CDU1 , revs z� aw l one ..ac' .uia�fii / ,se s.. e+o ,.+our% .mx ..0 e.. w �lb v a ANSI cw .l uLrM oEVELgvEN ENGINEER S W3o'snacY�1m ,s ,.r nm[xruiNw]RVEIOV[wxrww sin EPS ooWma ,uOxm rttt M m Awuis cmxxnt� xn - titi w s r Harz .iex.3 m,la : .�c..�aa: emiimxer. xn nr mnsnr - �...su.. r.... mps 4m><+, iak,ewln,0.�n laf rl Sa REGO JUL. 2 5 2003 W I—I y M2 TERRA LAND DEVELOPMENT CO. April 22, 2003 Re: Zoning of Estes Park, Dove Road, Southlake The owners of 5 tracts of land along Dove Road contacted Terra about developing their land as single family custom homes The planning and inspection of the property showed that the best use for the land is medium density residential. History shows that some of the land was planned for medium density in years past. The site analysis shows an electrical sub - station on the northwest corner and large power towers along the north property line Dove Road- The site rolls gently downward to the north and Dove Road_ All but eight acres of the land is void of trees with most being farmed or grazed_ All the land lies within the noise zone of the airport. Aventerra is currently zoned and planned for The Corporate Center at Aventerra featuring office and other commercial adjoining this site. Aventerra Blvd. is currently planned just several hundred feet south of this tract. It is for these reasons that we believe this land should he a buffer zoning between the higher use of commercial and the low density residential to the north. Low density lots are now generating home in the million dollar range which are not desirable adjoining and Close to commercial uses and power stations. Terra is requesting the property be zoned SF 20A to allow custom homes in the $600,000 to $900,000 price range. Terra Land Development Co. 395 W. Northwest Parkway, Suite 300' Southtaice, TeKw 76092' Ph 917410-9201 • Fax 817410 -9205 " p�:rn �A AY 0 7 2003 Case No. Attachment G ZA03 -023 Page 10 Residential Planned Unit Development District for Estes Park 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 five (25) feet. Lot Width: Each lot shall have a minimum width of eighty (80) 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. Case No. Attachment G ZA03 -023 Page 11 EXHIBIT "C This page reserved for City Council motion. Case No. Attachment G ZA03 -023 Page 12