Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
November 9, 2011
CASE NO: ZA11-048
PROJECT: Zoning Change and Development Plan for Westwyck Hills Phase II
EXECUTIVE
SUMMARY: Westwyck Hills Ltd,
is requesting approval of a zoning change and development plan
from SF-1A Single Family Residential District to R-PUD Residential Planned Unit
Development District on approximately 3.275 acres described as Lot 3R, J. Childress
No. 253 Addition, an addition to the City of Southlake, Tarrant County, Texas and
located at 1581 Randol Mill Ave., Southlake, Texas. SPIN # 5
REQUEST:
The applicant is requesting approval of a zoning change and development plan from
SF-1A Single Family Residential District to R-PUD Residential Planned Unit
Development District to develop three residential lots on approximately 3.275 acres.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd reading approval of a zoning change and development plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) SPIN Report dated October 17, 2011
(E) Development Plan Review Summary No. 2 dated October 13, 2011
(F) Surrounding Property Owners Map and Responses
(G) Ordinance No. 480-609
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Dennis Killough (817) 748-8072
Richard Schell (817) 748-8602
Case No.
ZA11-048
BACKGROUND INFORMATION
OWNER:
Philip D. and Cynthia B. Fanning Living Trust
APPLICANT:
Westwyck Hills, Ltd.
PROPERTY SITUATION:
1581 Randol Mill Ave.
LEGAL DESCRIPTION:
Lot 3R, J. Childress No. 253 Addition
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
SF-1A Single Family Residential District
REQUESTED ZONING:
R-PUD Residential Planned Unit Development District
HISTORY:
- A zoning change (ZA99-039) from “AG” Agricultural District to SF-1A Single
Family Residential District was approved onJuly 20, 1999.
-A plat showing (ZA99-040) for Lots 3 and 4, J. Childress No. 253 Addition
was filed August 9, 1999.
- A plat revision (ZA06-014) for Lot 3R, J. Childress No. 253 Addition was filed
on January 19, 2007.
CITIZEN INPUT:
A SPIN meeting was held October 17, 2011. The SPIN report is included in
Attachment D.
SOUTHLAKE 2025
PLAN:
The underlying land use designation is Low Density Residential, which is for
single-family residential development at a net density of one or fewer
dwelling units per acre. The request to change the zoning to R-PUD
Residential Planned Unit Development District with a net density of
approximately 0.916 dwelling units per acre is consistent with this land use
designation.
WATER & SEWER:
The three proposed lots are serviced by an 8-inch water line and an 8-inch
sewer line that exist In Fanning Street.
TREE PRESERVATION:
All existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and
construction of the development.
PLANNING AND ZONING
COMMISSION ACTION:
October 20, 2011; Approved (7-0) subject to Development Plan Review
Summary No. 2 dated October 13, 2011.
CITY COUNCIL ACTION:
November 1, 2011; Approved at first reading (7-0) subject to Development Plan
Review Summary No. 2 dated October 13, 2011.
STAFF COMMENTS:
Development Plan Review Summary No. 2 dated October 13, 2011 is
attached.
Case No. Attachment A
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Case No. Attachment B
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PLANS AND SUPPORT INFORMATION
DEVELOPMENT PLAN
Case No. Attachment C
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R-PUD REGULATIONS
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Case No. Attachment D
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA11-048Two10/13/11
Case No.: Review No.: Date of Review:
Development Plan – Lots 27, 28 & 29, Westwyck Hills, Ph. II
Project Name:
APPLICANT: Tom Mathews OWNER: Philip Fanning
Westwyck Hills, Ltd. Philip D. and Cynthia B. Fanning Living Trust
2600 E. Southlake Blvd. Suite 120-323 1581 Randol Mill Ave.
Southlake, TX 76092 Southlake, TX 76092
Phone: (214) 676-3434 Phone: (817) 793-9911
E-mail: tmathews@fourpeaksdev.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
10/04/11 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Show the required 4’ sidewalk on the development plan. Sidewalks must be located in the 7.5’
sidewalk easement at least two feet from back of curb.
2. For all residential uses within a planned unit development, common open space (whether
dedicated to public use or owned and maintained in common by all or part of the occupants of the
PUD through a property owner association) shall be reserved primarily for the leisure and
recreational use of the occupants of the residential uses. In residential PUDs that either create
four (4) or fewer residential lots or 0.5 acres or less of open space, the required common open
space may be in perpetual conservation or tree preservation easements as defined and approved
in the ordinance creating the R-PUD. Please specify in the R-PUD regulations if the common open
space will be owned and maintained by a homeowner’s association or if it will be in perpetual
conservation or tree preservation easements and label the open space areas on the development
plan in accordance.
3. Add the types and diameters of trees on the Tree Conservation Plan. All existing trees shown to
be preserved on the City Council approved Tree Conservation Plan must be preserved and
protected during all phases and construction of the development.
4. Please work with the Landscape Administrator and Public Works Engineer to ensure that the
drainage design will not adversely impact protected trees and still provide suitable management of
storm water.
Public Works/Engineering Review
GENERAL COMMENTS:
1. A ROW permit shall be obtained from the Public Works Operations Department for connections with
the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082.
2. All public improvements will need to be completed prior to the issuance of building permits.
3. The driveways ingress and egress lanes must be 18’ in width maximum.
* Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
Case No. Attachment E
ZA11-048 Page 1
1. A 15’ minimum easement will be required to connect onto public water lines, sanitary sewer lines and
storm sewer systems. Water lines, sanitary sewer and storm sewer lines cannot cross property lines
without being in a public easement or in the ROW. Water lines, sanitary sewers and storm sewers in
easements or ROW must be constructed to City standards.
WATER AND SEWER COMMENTS:
1. Water meters must be located in an easement or right-of-way.
2. All water lines and sanitary sewer lines must connect to public services that are built to City standards.
3. The water line taps and sanitary sewer connections must be constructed concurrently. When will
these connections be constructed?
4. Sanitary sewer service for Lot 1 shall be tied to the main line and not cored into the manhole.
DRAINAGE COMMENTS:
1. Storm sewer lines cannot cross private property, must be within an easement or in the ROW. Any
storm sewer that crosses a lot line shall be public.
2. Civil construction plans will be required for the connection of the proposed 18” storm sewer connection
to the existing storm sewer on Fanning St.
3. Consider connecting to existing 18” RCP stub out located near the southeast property corner of Lot 3,
Block 1.
4. The size of the proposed storm sewer will require some easements outside the ROW. The storm
sewer must be installed outside the edge of pavement. Ordinance #605 defines the easement
requirements for storm sewer.
5. Calculations will be required to verify that the existing 18” storm sewer will be able to handle the
volume of storm water at proposed conditions.
* All storm sewers collecting runoff from the public street shall be 18” RCP minimum.
* The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
*
Submit 4 copies of the civil construction plans (22” x 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan checklist,
standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
*
A Developer’s Agreement may be required for this development and may need to be approved by the
City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the
City Council agenda for consideration.
*
A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake
for a period of two years for all development projects. The Maintenance Bond cannot be tied to the
Performance and Payment Bond in any way.
*
Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
Informational Comments:
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* All existing trees shown to be preserved on the City Council approved Tree Conservation Plan
must be preserved and protected during all phases and construction of the development.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
Case No. Attachment E
ZA11-048 Page 2
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment E
ZA11-048 Page 3
SURROUNDING PROPERTY OWNERS
SPO # Owner Zoning Land Use Acreage Response
Fanning, Phillip Etux Cynthia SF1-A Low Density Residential 3.25
1.
NR
Brown, Bill SF1-A Low Density Residential 1.05
2.
NR
Schatz, Kenneth Mark SF1-A Low Density Residential 0.95
3.
NR
Hill, Kenny Etux Julie SF1-A Low Density Residential 1.84
4.
NR
Westwyck Hills Ltd RPUD Low Density Residential 0.09
5.
NR
Weimer, Christopher & Jan RPUD Low Density Residential 0.81
6. F
Harrington, Daniel Michael RPUD Low Density Residential 0.81
7.
NR
Kosier, Kyle B & Jennifer L RPUD Low Density Residential 0.83
8.
NR
Bates, Russell L III RPUD Low Density Residential 0.95
9.
NR
White, Kirk L & Thao A Pham RPUD Low Density Residential 0.95
10. F
James, Scott D Etux Sarah E RPUD Low Density Residential 2.64
11.
NR
Tuscany American Homes Inc RPUD Low Density Residential 0.81
12. F
Cary Hy Custom Homes Ltd RPUD Low Density Residential 0.93
13. F
McCoy, Rob J Etux Lisa S RPUD Low Density Residential 1.11
14.
NR
Dilley, Ermilo D RPUD Low Density Residential 1.12
15.
NR
Smart, John R Etux Malinda RPUD Low Density Residential 1.90
16.
NR
Smart, John R Etux Malinda RPUD Low Density Residential 1.08
17.
NR
Case No. Attachment F
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Four Peaks-Rm Inc RPUD Low Density Residential 0.09
18.
NR
Stenger, David Etux Ronna AG Low Density Residential 1.19
19.
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Nineteen (19)
Responses Received
Within 200 Feet:
Four (4) – Attached
Responses Received
Outside 200 Feet:
One (1) - Attached
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Responses Received Within 200 Feet
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Responses Received Outside 200 Feet
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-609
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 3R, J.
CHILDRESS NO. 253 ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 3.275 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE
FAMILY RESIDENTIAL DISTRICT TO “R-PUD” RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “SF-1A” Single Family
Case No. Attachment F
ZA11-048 Page 1
Residential 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
Case No. Attachment F
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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 described as Lot 3R, J. Childress No. 253 Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded as Cabinet A, Slide
11653, Plat Records, Tarrant County, Texas, being approximately 3.275 acres, and
more fully and completely described in Exhibit “A” from “SF-1A” Single Family
Residential District to “R-PUD” Residential Planned Unit Development District as
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depicted on the approved Development Plan attached hereto and incorporated
herein as Exhibit “B”, and subject to the following 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 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.
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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
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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.
st
PASSED AND APPROVED on the 1 reading the 1st day of November, 2011.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the _____ day of _______, 2011.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as Lot 3R, J. Childress No. 253 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded as Cabinet A, Slide 11653, Plat Records,
Tarrant County, Texas, being approximately 3.275 acres.
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EXHIBIT “B”
Reserved for approved Development Plan
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