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Item 6C13 S0UTHLA1<,.,E CITY OF Department of Planning & Development Services STAFF REPORT October 31, 2012 CASE NO: ZAl2 -083 PROJECT: Zoning Change & Development Plan for Oak Bend EXECUTIVE SUMMARY: REQUEST DETAILS: ACTION NEEDED: Hat Creek Development, LLC on behalf of Delta 8 Properties, LLC and Bethel Methodist Church of North Texas is requesting approval of a Zoning Change and Development Plan from "SF1A" Single Family Residential District to "R -PUD" Residential Planned Unit Development District for Oak Bend on property described as, Tracts 2D01 and 2D01A, James L. Chivers, Survey Abstract No. 348, Southlake, Tarrant County, Texas and located at 930 E. Dove Rd., Southlake, Tarrant County, Texas. Current Zoning: SF -1A- Single Family Residential Zoning District. Proposed Zoning: R -PUD — Residential Planned Unit Development District. SPIN Neighborhood # 2. The proposed zoning change and development plan allows for the development of a residential subdivision consisting of twelve (12) residential lots and four (4) open space /common area lots on approximately 10.01 acres giving the development a density of 1.2 units /acre. The proposed development will be consistent with the following Site Data Summary Chart and the exhibits attached in section "C" of this report. Site Data Summary Chart Existing Existing Proposed Number Gross Net Density- Open Open Land use Zoning Zoning of Lots Acreage Acreage DU/ Grass Space space Acre Acreage Area/ 11 /o Low uLn m SFIA k -PUL) U 1U.U1 Ac. Y.8/ A[. 1.20 2.4b 14.5bu /v Ccalc•`n ial The proposed "R -PUD" regulations for the development of the request are outlined below in attachment "C" of this report. 1) Conduct a public hearing 2) Consider 2 " d 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 Meeting Report Case No. ZAl2 -083 (E) Review Summary No. 1, dated October 31, 2012 (F) Surrounding Property Owners Map (G) Surrounding Property Owner Responses (H) Ord. No. 480 -627 (1) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817)748 -8072 Matt Jones (817)748 -8269 Case No. ZAl2 -083 BACKGROUND INFORMATION APPLICANT: Hat Creek Development, LLC OWNER: Delta 8 Properties, LLC and Bethel Methodist Church of North Texas PROPERTY ADDRESS: 930 E. Dove Rd. PROPERTY DESCRIPTION: Tracts 2D01 and 2D01A, James L. Chivers, Survey Abstract No. 348 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF1A" Single Family Residential District REQUESTED ZONING: "R -PUD" Residential Planned Unit Development District HISTORY: A Preliminary Plat (ZA01 -101) was approved by City Council for this property on November 5, 2001. The plat has since then expired. SOUTHLAKE 2030 PLAN A Final Plat (ZA02 -002) was approved by the Planning and Zoning Commission for this property on February 21, 2002. The plat was never filed with Tarrant County. Consolidated Land Use Plan The underlying land use designation of this property is "Low Density Residential ". The proposed residential development is not consistent with the recommended scope of uses under the "Low Density Residential" land use designation. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows an 8' Muli -Use Trail and On- Street Bike Paths along E. Dove Rd. WATER & SEWER: There is currently a 6" water line along E. Dove Rd. and the eastern property line of the proposed development, as well as a "Force Line" sewer line along E. Dove Rd. TREE PRESERVATION: The applicant has provided a Tree Conservation Plan as part of the "R -PUD" included in Attachment "C" of this report and is subject to the approval of City Council. The proposed tree coverage is consistent with the following chart: Tree Canopy Coverage Total site area Total existing canopy Preserved tree canopy Case No. ZAl2 -083 Preserved tree canopy (green) Possible Preserved tree canopy (yellow) 435,975 s.f. vs 20,640 s.f. - -> 4.73% 12,712 s.f. - -> 61.59% 4,055 s.f. - -> 19.65% Rs 16,767 s.f. - -> 81.24% Attachment A Page 1 CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for this project was held by the applicant on August 27, 2012. A SPIN Report is included as Attachment D of this Staff Report. P &Z COMMISSION: October 4, 2012; Approved (7 -0), subject to Site Plan Review Summary No. 2, dated August 26, 2012 and Staff Report dated, September 28, 2012 and subject to proper signage for the roads per city engineer standards and the radius of the street has been discussed and the applicant's willingness to work with the City to make any mitigation that may be required. CITY COUNCIL: October 16, 2012; Approved 1 St reading (6 -0), subject to Site Plan Review Summary No. 2, dated September 26, 2012 and Staff Report, dated October 10, 2012. With the following conditions: • The applicant will provide "Entry Feature" designs at the 2nd Reading at City Council • The applicant will preserve the open space buffer at the fron of the development as presented at 1 St Reading • The applicant will provide street lights at the curves in the proposed road • The applicant will provide a future trail connection on the east side of the development and provide access to the future trail at the time the trail develops • The proposed cul -de -sac shall be paved and be 100' min. • The minimum floor area for the residences shall be 4,000 s.f. • The applicant shall provide a 5' wrought iron fence with landscaping along the eastern boundary of the development STAFF COMMENTS: Attached is Review Summary No. 1, dated October 31, 2012. Case No. Attachment A ZAl2 -083 Page 2 Vicinity Map Oak Bend E. Dove Rd. T I nif e I t. ZA 12 -083 Zoning Development Plan 930 E. Dove Rd. N I� E 0 430 860 1,720 S Feet Case No. Attachment B ZAl2 -083 Page 1 Proposed R -PUD Regulations Residential Planned United Development District - Land Use and Development Regulations for the 10.01 acre development known as 930 E. Dove Rd. Southlake, Texas 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 twenty thousand (20,000) 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. Rear Yard: Each lot shall have a minimum rear yard of forty (40) feet. Lot Width: All lots shall meet the lot width requirements of the "SF -20A" district (100'). Lot widths shall be measured at the Front Yard setback line for each lot as indicated on the Zoning Development Plan. Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty percent (40 %) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. Minimum House Size: All houses shall be a minimum of 3 s.f. in floor area. A minimum 4' wide concrete sidewalk shall be required along the internal street frontage of all Residential Lots. Sidewalks and trails within the Open Space Lots shall be as shown on the Zoning Development Plan and Pedestrian Access Plan. Streets shall have a 40' R -O -W, with 30' (face of curb to face of curb) of paving. Case No. Attachment C ZAl2 -083 Page 1 Buffer lots: Lots adjacent to property or existing lots that are: currently zoned, platted as one acre lots, or on the Future Land Use Plan designated for one acre or larger lots, or zoned and platted as SF -1 or RE shall: 1. Have a minimum area of 20,000 s.f. Open Space Management Plan: All Common Open Space shall be owned and maintained by the Homeowners Association (HOA). All other areas shall be the responsibility of the individual property owners, including the front yards and required streetscape trees of the residential lots. All property owners shall be required to be a member of the HOA. Dues assessments, required for the maintenance of the common areas and other HOA activities, shall be mandatory. The HOA shall be responsible for the maintenance and operation of the protected open space within the development. The expenses required to maintain the common areas at a quality level shall be estimated annually by the HOA Board, and dues shall be determined and assessed on each property owner in an equitable fashion at such a rate as necessary to maintain such a level of quality. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners at purchase, and shall run with the land. Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the unlikely event the HOA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for it's maintenance and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the HOA or individual property owners that make up the HOA, and may include administrative costs and penalties which shall become a lien on all property in the development. Case No. Attachment C ZAl2 -083 Page 2 DEVELOPMENT PLAN & PEDESTRIAN ACCESS PLAN ea \ 9ney M W O N r � V M C C 0 N Z let i sh g 17 A; R S ® ra sLL�g��gzg�zyW�� Ali I il$ 'I I' 3 c f6 Ul v V V Q (6 �J ^ ul W Q) 06 a� CD- 0 v N 0 g pp U F Y t O O N t+l d m Q v V) Case No. Attachment C ZAl2 -083 Page 3 'v' 9 cY� C��Y Cfc4 d O � C a L J Case No. Attachment C ZAl2 -083 Page 3 'v' 9 cY� TREE CONSERVATION PLAN 27� ( � E ° � y ± : ..j . \�« !- | - l". I| m K;§ ,* �± Z}f § - $ ! |!, ! ■ kk F71�� k || {$ 7 •\ $ )!!| % �&f // \ �( 2�k� $ A f f§ b ( m K;§ ,* �± Z}f § - $ ! |!, ! ■ kk k || {$ 7 •\ $ )!!| [\ -- � \ - - - - -� § \ - -- 5 { \ � ƒ 7 / a E _ \ \ § 4 E a e ) a ¢ E $ O > ) / ƒ ) E � U \ & � Case No Attachment C ZAl2- 83 Page 4 - $ ! |!, , . ■ 7 •\ $ \ �( 2�k� $ A b ( Case No Attachment C ZAl2- 83 Page 4 DEVELOPMENT PLAN Leowd Lob R.0.W, site Imn . Prat Si rlrrisry %W. :t4 aen7 t. is i 14 K 45i'r 14 `rr.1 4 ar iC rran $4lt+M 70k144. Lett rer.4h:.1�4w is rUirTYri &Y04 13 RIY agius rl iCGllf Al i rr I3 � A n s - c S ♦ �. - a J DEvEtbP sTL Kh Ml13i - 21 40, LZ i i+ipp L-A EL - SuAkuke, TNT** Cps". Tot" Case No. Attachment C ZAl2 -083 Page 5 USOUTHLAKE SPIN MEETING REPORT CASE NO. ZAl2 -083 PROJECT NAME: no official name yet — 930 E. Dove Road / Residential SPIN DISTRICT: SPIN #2 MEETING DATE: August 27, 2012; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Twelve (12) • SPIN REPRESENTATIVE(S) PRESENT: David Alexander #2 • APPLICANT(S) PRESENTING: Kosse Maykus, Hat Creek Development; Curtis Young, Sage Group, Inc. • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Richard Schell, Planner II: (817)748 -8602 or rschell(q),ci. south lake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 930 E. Dove Road; east of the previous Carroll Middle School which is currently being used as a Carroll school district administration and service center. Development Details • The applicant is proposing a residential planned unit development for twelve (12) lots on ten (10) acres. • Hat Creek will be building all of the homes. • The proposed homes will range from 4,000 to 5,000 square feet with 3 to 4 -car garages. • The price point stated $750- $900K. • HOA maintained green space. • Open entrance area with approximately 1.2 acres off of Dove in order to save a mature existing tree. • Wrought iron fencing and natural buffers for privacy. Site Data Grass Acreage 10.01 — Gross Density 1.20 d, ac Area Summary PASIdeMlal Lots 5.85 W. Open Space (24.58%) 2.46 X. Internal Streets 1, 56 X. R.O.W. Dedication (appmwmate) 0.14 ac. Gross Site Area 10.01 ac. Lot Summary Resdeftal Lnts 12 Minimum Budding Lot Area 20,004 sS. Average Buitdig Lot Area 21.235 s.r. Common Areas 4 Case No. Attachment D ZAl2 -083 Page 1 The plan presented at SPIN: Legend CammoR 0, r sm. d R.O.W. Xd.Apn �m�,Rary CMb �INSBAI bt Summary ' L gaw.a 1 — 4 ! � P NT ! Pb— YQgOV. M. 1- �� 9 30 East Dove Road S 41IIAke, Tar t Ceimly, T—S QUESTIONS /CONCERNS • Are you building fencing throughout? F) There is some existing wood and wrought iron; we will work with homeowners to build or continue fencing. We plan on wrought iron as much as possible to keep an open and modern feel to this neighborhood. • What about the open lot on the west side? o We would like to keep it open with a five (5) foot wrought iron fence. We are also planning a trail through our property so we could possible connect with a gate to this property and construct a trail. • What about the flowage / run -off easement? o Most of the water flows to the center and then runs to the west to an existing culvert and then back south. Our development will have curb and gutter. • Do you plan to have wrought iron fencing along the front? o No, nothing along the frontage. C D ZAl2 -083 Page 2 • Do you have a name yet? o No, not yet... there is a real science to naming residential subdivisions. We are still researching at this time. • Will you have a big sign at the entrance? o No • What then? o The entrance will look wide open with trees and landscaping. • Did you say you did Estes Park? o Yes, I was involved in Estes Park; also, Carroll Meadows, Oak Pointe, Sandlin Manor, High Point, Shady Oaks, Stratfort Gardens, Lonesome Dove Estates, Southview Estates and Cannon Homestead. • What are these houses going to sell for? o $750 - $900K • And the lot sizes? o The minimum lot size will be 20,000 square feet; most will be in the 20's. There will be 2.46 acres of open space. • So these are half acre? o Yes, similar to what you would see in an SF -20 only we are doing an R -PUD. • How far offset from the street are the houses? o Minimum 30 foot front setbacks; rear setbacks at 40 feet. • How wide is the street? o The street will be city standard at 31 feet back to back. • Why this serpentine street configuration? o We listened to the meetings involving the previous development proposals for this property. We understand the issues... did not want existing homes to back up to our houses. We also want to save as many trees as possible which is why our frontage off Dove is over an acre. • Why do you feel your proposal will succeed where others have failed? o The economics of this piece and getting to where it is a quality development that has little impact on adjacent property is not possible. We are making it economically possible by building the homes ourselves. • I have concern for one of the configurations of the home as it has potential to view my backyard. o We will mitigate for privacy with trees and fencing. • When will you go to P &Z? o Hoping for the end of September and begin construction by the beginning of next year. It will take us about 18 months to build. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made Responses as summarized in this report should not be taken as guarantees by the applicant Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. CdSv NO. AttdC1111111111111vilt D ZAl2 -083 Page 3 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA012 -083 Revised Review No.: One Date of Review: 10/31/12 Project Name: Zoning Development Plan — Oak Bend APPLICANT: Hat Creek Development PO Box 92747 Phone: (817) 329 -3111 Fax: (817) 329 -3854 Owner: Delta 8 Properties, LLC and Bethel Methodist Church Phone: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/31/12 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 MATT JONES AT (817) 748 -8269. All development must comply with the underlying zoning district regulations. The proposed regulations do not comply with the underlying zoning /land use regulations. (An application for a Land Use Plan Amendment has been submitted by the applicant) Case No. Attachment E ZAl2 -083 Page 1 Tree Conservation /Landscape Review Case No. ZAl2 -083 Review No. One Dated: September 5, 2012 Number of Pages: 1 Project Name: Dove Road Development (Zoning - Development Plan) Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on August 27, 2012 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: 1. The applicant has provided a Tree Conservation Plan as part of the "R -PUD" included in Attachment "C" of this report and is subject to the approval of City Council. The existing tree canopy is approximately 5% of the site and the applicant is proposing to preserve approximately 62% of the existing tree canopy The following chart provides the minimum under standard single family residential zoning: Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0%-20% 70% 20.1-40% 60% 40.1%-60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. LANDSCAPE COMMENTS: The minim of a 10' -B Type Bufferyard is required adjacent to the E. Dove Road right -of -way. Please provide the required bufferyard and associated plant material. 2. Please ensure that the proposed utilities, grading, and drainage do not conflict with the proposed tree preservation. Some of the proposed utility lines are proposed within the vicinity of existing trees proposed to be preserved. Please be aware that 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. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing Case No. Attachment E ZAl2 -083 Page 2 trees intended to be preserved. # - Indicates required items. * - Indicates informational items. Case No. Attachment E ZAl2 -083 Page 3 Public Works /Engineering Review Case No. ZAl2 -083 Review No. 1 Dated: 10/31/12 Number of Pages: Project Name: 930 E. Dove Road Development Contact: Steve Anderson, Civil Engineer Phone: (817) 748 -8101 Fax: (817) 748 -8077 Email: sanderson*ci.southlake.tx.us The following comments are based on the review ofplans received on 10/31/2012 It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Minimum centerline radius for a residential roadway is 250 -ft. Please label all radii of street centerline. The applicant is proposing a minim radii ranging from 70' to 180'. Approval of the proposed radius is subject to providing an Engineered Traffic Safety Plan to be approved by the City Engineer. 2. Label pavement width. Minimum pavement width is 31 -ft measured from back of curb. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: I . Fire hydrant spacing is maximum of 400 -ft unless all buildings are sprinkled. * Water meters and fire hydrants shall be located in an easement or in the ROW. * The fire line shall be separate from the service lines. * One meter per service line. * All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. It appears detention pond #1 +A2 +A3 +A4 equals your allowable release rate thereby there is no allowable release from detention pond 2 for area B 1. 2. Area C 1 is increasing the runoff to the east from 3.0 to 4.2 cfs. The runoff may not be increased. The drainage from this development is generally to the west. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: A ROW permit shall be obtained from the Public Works Operations Department (8 17) 748 -8082 to connect to the City's sewer, water or storm sewer system. A Developer's Agreement will be required for this development and 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. Case No. Attachment E ZAl2 -083 Page 4 Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment E ZAl2 -083 Page 5 Fire Department Review Case No. ZAl2 -083 Review No. 1 Dated: 09 -05 -2012 Number of Pages: Project Name: Dove Road Development_ Contact: Kelly Clements -Asst. Fire Marshal Phone: (817) 748 -8671 Fax: (817) 748 -8181 The following comments are based on the review ofplans received on 08 -27- 2012. Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: Street name to be approved by city prior to final plat. Submit proposed name and alternate name as soon as possible. FIRE LANE COMMENTS: 1. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 80,000 lbs GVW). Fire access roads must be at least 31 ft. back of curb to back of curb.(Standard street width) 2. Fire access roads require minim 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2006 I.F.C. Sec. 503.2.4 as amended and policy dated 05 -27 -93 and updated 07- 18 -97) Dimension turn radii on site plan. 3. Streets that are to be dead -end need to be provided with an approved turn- around for fire apparatus if the dead -end is more than 150 feet long. Cul -de -Sac must have 30 ft. turn radius and 100 ft. total diameter for approved turnaround. FIRE HYDRANT COMMENTS: Relocate fire hydrants to provide required 400 foot spacing between hydrants, which will require adding one hydrant more than shown on submitted plans. Hydrants to have Hydra -Storz connections with butterfly vanes (or equivalent) on pumper outlet for five -inch diameter hose. Hydrants required at maximum spacing for R -3 and U Occupancies is 400 feet for unsprinklered and 600 feet for sprinklered. All others 300 feet for unsprinklered and 600 feet sprinklered. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. Case No. Attachment E ZAl2 -083 Page 6 INFORMATIONAL COMMENTS: All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. # = Denotes comment that may be included in formal review by P &Z and City Council. * = Denotes informational comment. Case No. Attachment E ZAl2 -083 Page 7 Informational Comments: A SPIN Meeting for this project was held on August 27, 2012. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. 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. It appears that this property lies within the 65 or 75 LDN D /FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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 ZAl2 -083 Page 8 SURROUNDING PROPERTY OWNERS Oak Bend •• # 1. Owner Carr o11ISD Zoning Land Use CS Public /Semi - Public Acreage 28.22 Response NR 2. Anderson, Steven Etux Cheryl SF1 -A Low Density Residential 1.99 NR 3. Gonser, Christopher W Etux Lis SF1 -A Low Density Residential 1.97 NR 4. Miller, Michael Etux Cynthia SF1 -A Low Density Residential 2.35 NR 5. Clowdus, Randy & Patricia SF1 -A Low Density Residential 1.56 NR 6. Brandt, William P Etux Susan E SF1 -A Low Density Residential 1.63 NR 7. Bastian, Steven SF1 -A Low Density Residential 1.65 NR 8. McCormick, Gene SF1 -A Low Density Residential 1.66 NR 9. Long, Michael R SF1 -A Low Density Residential 1.64 NR 10. Thane, John Etux Elizabeth SF1 -A Low Density Residential 1.05 NR 11. Saeger, Julie Etvir John SF1 -A Low Density Residential 1.23 NR 12. Garrett, Bradley C Etux Lisa L SF1 -A Low Density Residential 1.02 NR 13. Harris, Todd Etux Britnie SF1 -A Low Density Residential 2.00 NR 14. Cicur, John Iv Etux Jaclyn SF1 -A Low Density Residential 2.08 NR 15. Stovall, Nicole L & Carl E SF1 -A Low Density Residential 1.52 NR 16. West, Paul K Etux Terri L SF1 -A Low Density Residential 1.35 NR 17. Tabrez, Shams Medium Density Residential, AG Low Density Residential 1.95 NR 18. Carter, Wanda R Etvir James SF1 -A Low Density Residential 1.65 NR 19. Lowenstein, Greg & Kathy Medium Density Residential, AG Low Density Residential 1.57 NR 20. Delta 8 Properties Llc SF1 -A Low Density Residential 10.27 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty (20) Responses Received: None (0) from within the 200' notification area and one (1) from outside Of the 200' notification area Case No. Attachment F ZAl2 -083 Page 1 PROPERTY OWNER RESPONSES DANHL & AMY SA7CSKY 774 RL.ACK FOREST' COUR7' a SOUfHLAKL ILMAS 76492 o W17) 424 —SS17 ♦ DANIELSATSKYOVERf70N.NEF a Ah4Y.SAT5KYQVERI7ON.NFT October 4, 2012 Mayon Terrell, We live at 770 Black Forest Court in the Estes Park Addition. Our home hacks to Dove Road and is near the newly proposed Oak Bend Development by Hat Creek Development, and we'd like to express our support of this project. We live in a community developed by Hat Creek Development and live in a home constructed by Maykus Custom Homes. We can attest to Mr. Maykus's commitment to quality at both the community and home level. We believe Fosse has and will continue to invest his time and resources in making Southlake a unique and special a special place to call home and he strives to uphold and protect the rich traditions set forth by and before him. We believe, given the location of this site along Dove Road in relation to the fortner Carroll Middle School, this is a good use of the land, and he will further enhance the quality of life in this area of Southlake by creating a community of homes of character and quality. Thank you for your attention in this matter. Sincerely, Daniel & my Sat 770 Black Forest Ct. Southlake, Texas Case No. Attachment G ZAl2 -083 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -627 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 DESCRIBED AS TRACTS 2D01 AND 2D01A, JAMES L. CHIVERS, SURVEY ABSTRACT NO. 348, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 10.01 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED SITE 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 "SF1A" Single Family 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, Case No. Attachment H ZAl2 -083 Page 1 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 and the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in Case No. Attachment H ZAl2 -083 Page 2 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 Tracts 2D01 and 2D01A, James L. Chivers, Survey Abstract No. 348, Southlake, Tarrant County, Texas being approximately 10.01 acres, and more fully and completely described in Exhibit "A" from "SF1A" Single Family Residential District to "R -PUD" Residential Planned Unit Development District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: Reserve for conditions of approval. Case No. Attachment H ZAl2 -083 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment H ZAl2 -083 Page 4 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 Case No. Attachment H ZAl2 -083 Page 5 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 16 day of October, 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 6 th day of November, 2012. MAYOR ATTEST: CITY SECRETARY Case No. Attachment H ZAl2 -083 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 1W:1:1 Ill k WAA Being on property described as: Tracts 2D01 and 2D01A, James L. Chivers, Survey Abstract No. 348 Case No. Attachment H ZAl2 -083 Page 7 RESERVED FOR APPROVED SITE PLAN AND SUPPORTING DOCUMENTS Case No. Attachment H ZAl2 -083 Page 8