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Item 7B13 SOUTHLAKE CITY OF Department of Planning & Development Services STAFF REPORT January 9, 2013 CASE NO: CP12 -006 PROJECT: Land Use Plan Amendment for Highland Oaks EXECUTIVE SUMMARY: Terra Land Management, Inc. is requesting approval of a Land Use Plan Amendment from Low Density Residential to Medium Density Residential for Highland Oaks on property described as Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T. M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 200, 220, 280, 300, 310, 320 and 340 W. Highland St., Southlake, Texas. The current zoning is "AG" Agricultural District and "SF1 -B" Single Family Residential District. The proposed zoning is "R -PUD" Residential Planned Unit Development District. SPIN Neighborhood #5 REQUEST DETAILS: Terra Land Management, Inc. is requesting approval of a Land Use Plan Amendment from Low Density Residential to Medium Density Residential on property located at 200, 220, 280, 300, 310, 320 and 340 W. Highland St. The property has a current land use designation of Low Density Residential. The Low Density Residential land use category is defined by the Southlake 2030 Comprehensive Plan as: "...for detached single- family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights -of -way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi - Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. " Case No. CP12 -006 The applicant is requesting to change the land use designation to Medium Density Residential. This application is being processed in conjunction with a Zoning Change and Development Plan (Planning Case ZA 12 -099) for the development of twenty -seven (27) residential lots and six (6) open space lots on approximately 16.34 acres. The gross density proposed is 1.65 units per acre and the net density proposed is 1.97 units per net acre (excluding acreage in all public rights -of -way), which does not conform to the definition of the Low Density Residential land use category. For this reason, a Land Use Plan Amendment is needed. The applicant's proposed development complies with the Medium Density Residential land use category, which is defined as: "...suitable for any single- family detached residential development. Other suitable activities are those permitted in the Public Parks /Open Space and Public /Semi - Public categories previously discussed." Ajustification letter from the applicant describing the circumstances of the property is included under Attachment `C' of this staff report. The applicant previously requested a to change the land use designation to Medium Case No. CP12 -006 Existing Land Use Designation — Low Density Residential Proposed Land Use Designation — Medium Density Residential Density Residential (CP12 -002) in conjunction with a Zoning Change and Development Plan for Highland Oaks (Planning Case ZAl2 -051) that proposed fifteen (15) residential lots and two (2) open space lots on approximately 9.26 acres. The gross density proposed on that Development Plan was 1.62 units per acre and the net density proposed was 1.95 units per net acre (excluding acreage in all public rights -of -way). The Planning and Zoning Commission recommended approval of that case on July 19, 2012. On August 7, 2012, City Council tabled the case to the August 21, 2012 meeting and then tabled the case indefinitely at the August 21, 2012 meeting. ACTION NEEDED: Consider 1 St reading approval of a Land Use Plan Amendment ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Support Information - Link to PowerPoint Presentation (D) SPIN Report dated May 21, 2012 (for previous Highland Oaks case) (E) Ordinance No. 1052 STAFF CONTACT: Ken Baker (817) 748 -8067 Richard Schell (817) 748 -8602 Case No. CP12 -006 BACKGROUND INFORMATION OWNERS: Marguerite E. Fechtel Revocable Trust, Rita E. Fechtel Trust, Merton and Susan M. Skaggs, Ride With Pride, Inc., James and Joy Duggins, Stephen A. Davis APPLICANT: Terra Land Management, Inc. PROPERTY SITUATION: Generally located west of N. White Chapel Blvd. and north of W. Highland St. at 200, 220, 280, 300, 310, 320 and 340 W. Highland St. LEGAL DESCRIPTION: Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District and "SF -1 B" Single Family Residential District REQUESTED ZONING: "R -PUD" Residential Planned Unit Development District CITIZEN INPUT: A SPIN meeting was held on May 21, 2012 for the previously submitted Highland Oaks zoning change and development plan case (Planning Case ZAl2 -051). The SPIN report for that case can be found as Attachment `D' of this staff report. The SPIN representative did not recommend holding another SPIN meeting for the current proposal. PLANNING AND ZONING COMMISSION ACTION: November 8, 2012; Recommended approval (7 -0) subject to the staff report dated November 2, 2012 and noting the applicant's willingness to make the design guidelines part of the zoning application as it moves forward to City Council. CITY COUNCIL ACTION: December 4, 2012; Approved a motion to table to the January 15, 2013 meeting (7 -0). STAFF COMMENTS: The open space percentage in Table 2, Land Use Mix Table will be revised from 15% to 19.03% if Council approves the alternative Development Plan showing 19.03% open space. Case No. Attachment A CP12 -006 Page 1 Vicinity Map Highland Oaks �s CP12 -006 Amendment s N Comprehensive Plan 550 1.100 2,200 � Feet Case No. CP12 -006 Attachment B Page 1 Support Information Case No. Attachment C CP12 -006 Page 1 Comprehensive Plan Amendment Application Submittal Letter l AND OAKS The following is intended to address the reasons and rationale for the request to change the Land Use Designation for the Highland Oaks property from Low Density Residential to Medium Density Residential, responding specifically to the questions posed in Section 1, Item 3 of the Submittal Requirements of the Comprehensive Plan Amendment Application- 3 a- Non - Conforming Features: The proposed project would not comply with the existing Land Use Designation of Low Density Residential primarily because of a planned density of greater than 1 dwelling unit per acre (1.65 dulac). Additionally, since some of the elements which make up the Overall Character and Design of the area are proposed to be changing- specifically the upcoming improvements of White Chapel Blvd. into a 4 lane, divided, "Arterial" with a,Roundabout at the intersection of White Chapel and Highland, and the proposed land use changes along the White Chapel corridor, this project will be developed with the more standard "suburban" street sections, rather than the rural cross - section recommended for Low Density Residential areas. 3b: Changed Conditions: The conditions which have changed in the area which warrant a change in the LUD include: 1) The proposed improvements to White Chapel Blvd., which include a complete reconstruction of the existing 2 lane aural road into a 4 lane, divided thoroughfare with a Right of Way of at least 88' and the installation of a new, two Lane Roundabout at the intersection of White Chapel and Highland. Such road improvements will greatly change the environment of the area, bringing noise, traffic and pollution not as conducive to the more rural character currently existing, and to which Low Density Residential areas are known for. 2) The 2030 Plan anticipates a Land Use Change along the East side of the White Chapel Corridor from Medium Density Residential to Mixed -Use. North of that area, the L.U.D is Office /Commercial and Commercial. It follows that the couple of tracts on the West side of White Chapel Blvd. (between the subject tract and White Chapel) will become ancillary Office uses, as they would front the Blvd. just across from those Mixed Use and Commercial Uses. One of those tracts is already being used as an office. 3) The development of an Office/ Commercial Park in the area immediately North of the project since the arrival of the current owners of the subject property. (See exhibit). Case No. Attachment C CP12 -006 Page 2 3c: Appropriate Land Use Designation: Because of the above adjacency considerations and changed conditions in the area, a change in Land Use Designation for the subject property to W,dipm Density Residential would allow for development in such a way to provide'fdr a transition between those Commercial uses and busy Arterial Roadway, and the lower density residential areas to the West and South. Therefore, for all the reasons identified above, we believe that Medium Density Residential (as proposed) would be a more appropriate Land Use Designation than Low Density residential. 3d: Compatibility with Surrounding Although the LUD to the West and South of the Project will most likely remain Low Density Residential, the plan has been designed so as to replicate the number of home sites compatible with Low Density Residential along a given boundary. Most of the lots within the plan along Highland Street already exist and are proposed to remain the same. Where they are changing, we are proposing a common open space buffer area along the frontage. There are no compatibility issues to the Bast, at the White Chapel corridor and to the North, as development and/or future development there is or will be a higher use than Medium Density Residential, and the subject property would be providing a transition to those uses, and certainly more compatible than would Low Density Residential. 3e: Goals of the Como Plan and Southlake 2030 Plan: The project has been designed to fit within the area by carefully considering the adjacencies and responding to the natural features found on -site. This project would meet and further the following goals of the 2030 Southlake Consolidated Land Use Plan and Southlake 2030 Plan: Encourage appropriately - scaled neighborhood design 1h at compliments existing development patterns whale crating unique places, recognizing that quality residential neighborhoods are the cornerstone of our community. Highland Oaks has been designed to compliment the existing streetseape along Highland St., with generous open space and a minimum of residential units adjacent to Highland, matching the frequency of existing homesites along Highland St. The intent is to convey a feel oftluality throughout, from the entry along Highland St, the Common Open Space buffer area along, the Highland St. frontage and the Open Space in the 5E corner designed to save the significant trees in that area. In addition, Highland Oaks will be developed with a comprehensive set of Development Standards and Architectural Approval process to assure a quality end product. Put together, these features of the plan are intended to yield an appropriately scaled Case No. Attachment C CP12 -006 Page 3 neighborhood that compliments existing development, with a sense of place and community, and to be a valuable addition to the City of Southlake. + Emphasize creativity and ensure environmental stewardship in the design of all development grad public infrastructure, madmizing the preservation of f desirable natural features sue ins trues, topography, streams, wildlife corridors and habitat. The first step in the design of Highland Oaks was to walk the site and identify the desirable natural features, most prominently the trees and moderate topography along the Highland St. frontage in the Southeast corner of the property, In an effort to preserve the majority of that feature, the Development Plan reserves that area for the primary open space of the project. This open space area will include natural areas and trails, + Strengthen street and landscape design standards to enhance the visual duality rxlnng major corridors. The attractive nature of the landscaping standards along the frontage of Highland St and the architectural requirements of the homes to be developed in Highland Oaks will further this goal, • Ensure that new development incorporates usable open stance. The Highland Oaks plan furthers this goal by identifying and taking steps to preserve the most valuable open space areas found on the property. Care will be taken to save the most prominent natural assets (the significant trees), by carefully locating each tree, determining size and species, and by ext'onsive site investigation to determine to most valuable assets to preserve and using that information to guide the planning. These open space areas will include natural areas and trails. 3f. Identification of Unique Characteristics;. The most unique feature of this property, the one that warrants the requested change in Land Use Designation, is its position adjacent to Commercial properties to the North and East, and ability to act as a buffer or Transition use between those Commercial Uses, the future Commercial Uses along White Chapel and the existing Residential areas along Highland St.. Traffic Impact: Since the requested change to Medium Density Residential will allow for an addition of only l l additional lots, as compared to what could be developed under Low Density Residential (7 vs. 16), the traffic impact on Highland St. as a result of this change would be minimal. We estimate those l l lots would generate an average total number of daily trips into and out of the development of 110. Case No. Attachment C CP12 -006 Page 4 Table 1: Future Land Use Map Amendment Table To be completed for all proposed Future Land Use Map amendments Tract(s) or Acres or Current Existing Use(s) Proposed Use(s) Proposed Current Land Use Proposed Land Use Lots] Sq. Ft. Zoning 5% Zoning Designation Designation Residential/ Single Family Low Density Medium Density 16.34 AG, SF-113 ,agricultural/ Residential/ R -PUG Residential Residential Horses Horses Total Acres or [16.34 Acres Square Footage Table 2: Land Use Mix Table* Proposed Land Use Medium Density Residential Land Use Percentage of Acreage Recommended Range from the Consolidated Land Use Plan Single Family Residential 8545 85% Open Space 1545 10% Civic Use ova 5% * To be ccrnpleted for all amendments with a proposed land use designation of Low Density Residential Medium Density Residential Office Commercial, Retail Commercial, 'Regional Retail, Mixed Use Town Gunter, Rural Conservation, Employment Center, and /or T- 1IT -2. Consult the Consolidated Land Use Plan for the recommended land use mix for each land use designation. Case No. Attachment C CP12 -006 Page 5 USOUTHLAKE SPIN MEETING REPORT CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE MEETING LOCATION ZAl2 -051 Highland Oaks SPIN #5 May 21, 2012; 6:00 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Nine (9) • CITY COUNCIL PRESENT: Carolyn Morris • SPIN REPRESENTATIVE(S) PRESENT: Ron Evans- #10, Vic Awtry- #7 • STAFF PRESENT: Bob Price, Director of Public Works and Matt Jones, Planner I STAFF CONTACT: Richard Schell, Planner II, (817)748 -8602; rschell @ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 200 W. Highland St. at the northwest corner of W. Highland St. and N. White Chapel Blvd. Development Details • The applicant is requesting a zoning change from AG (Agricultural) zoning to R -PUD (Residential Planned Unit Development) district. The request is for a residential subdivision consisting of 15 residential lots on approximately 9.26 acres. The applicant intends to conserve the existing natural vegetation along the southeast corner of the property as well as provide an open space area within the development providing approximately 1.54 acres of open space. Case No. Attachment D CP12 -006 Page 1 =111111 �yalrr=1:J 11111110 01 I E I - OwK.ar�uly�Gtlm]' °a � � 3<P. I F� v Dlc- &� ZOnkn Case *ZAl2 -XXX rAO Development & Pedestrian Access Plan HIGHLAND OAKS Tlwnas M. HOOD 1uney,11 -1 No. 106. T.. U3, K, &&C3 SoutilaYs, 1­1 Tc QUESTIONSICONCERNS • Will there be access to the development from N. White Chapel Blvd? o No, there will only be access to the development from W. Highland St. • What are the sizes of the homes planned for in the development? o There will be a minimum home size of 4,000 square feet and range to approximately 6,000 square feet, with a price between $900,000 and $1,200,000. • Do you have a builder for the development? o We are not certain who the builder will be at this point in the project. • What are your plans for the park area on the southeast corner? o For the most part we plan on leaving that area as open space in its existing vegetative state and doing some clean -up with landscaping around the perimeter. • Will the development be gated? o No, we will not be requesting that this be a gated development. • Will there be sidewalks required along W. Highland St.? o If there is a requirement by the City to install sidewalks along W. Highland St. then we will provide the sidewalks with our development. 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. Case No. Attachment D CP12 -006 Page 2 Ordinance No. 1052 AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. WHEREAS, a Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter election on April 4, 1987; and, WHEREAS, the Home Rule Charter, Chapter XI requires an update to the City's comprehensive plan elements every four years, WHEREAS, the City Council recognizes that the Consolidated Future Land Use Plan is an element of the Southlake 2030 Plan, the City's Comprehensive Master Plan, WHEREAS, the City Council has determined that the Consolidated Future Land Use Plan complies with the Southlake 2030 Vision, Goals, & Objectives, WHEREAS, the City Council has deemed that the Consolidated Future Land Use Plan has been formulated with adequate public input, WHEREAS, the City Council has deemed that the recommendations in the Consolidated Future Land Use Plan herein reflect the community's desires for the future development of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this ordinance as if copied in its entirety. Section 2. Future Land Use Plan designation for parcels indicated in Exhibit "A" is changed from Low Density Residential to Medium Density Residential. Section 3. The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the ordinance and minute order of the Council so adopting or approving the same. Any existing element of the Comprehensive Master Plan which has been heretofore adopted by the City Council shall remain in full force until amended by the City Council as provided herein. Section 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Case No. Attachment E CP12 -006 Page 1 Section 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 7. 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 , 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. MAYOR ATTEST: Case No. Attachment E CP12 -006 Page 2 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E CP12 -006 Page 3 *VA :Il:j1r_1 Legal Description Being described as Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas and more fully and completely described below: POLITICAL BOUNDARY FOR ZONING BEING a 16.52 acre tract of land situation in the Thomas M. Hood 5u •vey, Abstract No. 706, City of 5outhlake, Tarrant County, Texas, and being all of a 2.00 acre tract of land conveyed to Marguerite Elizabeth Fechtel Revocable Trust, recorded in Instrument No. 1320W39612, Deed Records, Tarrant County, Texas and being apart of a 7.51 acre tract of land conveyed to Marguerite Elizabeth Fechtel Revocable Trust, recorded in Instrument No. D206039011(DRTCr), being lots 8, 911-1, and 10 of the TM Hood No. 706 Addition, being Tracts 8001 and 8002 of the Thomas M. Hood Survey, Abstract No. 706 conveyed to Ride With Pride Inc. recorded in Instrument No. 0199110154 (DRTCT), and being more particularly described as follows: BEGINNING in the northerly right -of -way line of Highland Street (row) at a A inch iron rod found for the southwest corner of said 2.00 acre tract of land, from which "capped" iron rod found for reference bears NORTH 00 °01'31" EAST, a distance of 15.15 feet, being the southeast cornerof Lot 10 of the TM Hood No. 706 Addition; THENCE along the southerly line of the TM Hood No. 706 addition SOUTH 89 °51'13" WEST a distance of 346.34 feet to a point being the southeast corner of Lot of the TM Hood No. 706 Addition; THENCE SOUTH 00 °01'02" WEST, a distance of 15.00 feet to a point, THENCE SOUTH 89 °52'43" WEST, a distance of 100.00 feet, to a point; THENCE NORTH 00 °01'02" EAST, a dista rice of399.49 feet, toapoint; THENCE NORTH 89 °56'05" WEST, a distance of 90.09 feet, to a point; THENCE NORTH O1°27'14" WEST, a distance of 196.30 feet, to a point; THENCE NORTH 40 °12'46" EAST, a dista rice of75.24 feet, toa point; THENCE SOUTH 89 °55'49" EAST, a distance of493.00 feet, to a point THENCE along the northerly line of said 2.06 acre tract of land and the southerly line of said RavenauxViIlageAdditlon, 50UTH89 °50'06" EAST, at 134.32 feet passing the northeast corner of said 2.10 acre tract of land, and being the northwest corner of said 7.51 acre tract of land, and continuing along t h e n ortherly line of said 7.51 acre tract, at 41.04 feet passing an iron pipe found for the southeast corner of said Rave naux Vi I I age Addition, and continuing for a total distance of 645.68 feet to a 5f8 inch iron rod set f o r t he northeast corner of said 7.51 acre tract of land, and being the northwest corner of a tract of land conveyed to Rucker Family Partnership, Case No. Attachment E CP12 -006 Page 4 recorded in Volume 10438, Page 897, (ORTCT), from which a "capped" iron rod found for reference bears NORTH 89 °50'00" WEST, a distance of 12.81 feet; THENCE along the easterly line of said 7.51 acre tract as follows: SOUTH 00 ° 17'30" WEST along the west line of said Rucker tract, a distance of 134.68 feet passing a 5 /8inch iron rod set for the southwest corner of said Rucker tract and continuing for a total distance of 184.33 feet to a point, SOUTH 89 ° 59'14" WEST along the northerly line of said Jones tract, a distance of 88.84 feet to a S/8 inch iron rod set at the northwest corner of said Jones tract: SOUTH 00 °09'14 WEST along the westerly line of said Jones tract, a distance of 176.20 feet to a 5/8 inch iron rod set for the southwest corner of said Jones tract, from which a 3/8 inch iron rod found for reference bears NORTH 89 °59'14" EAST, a distance ofO.84feet; NORTH 89 ° 59'14" EAST along the southerly Ilne of said Jones tract, a distance of 99.09 feet to a 5/8 inch Iron rod set for the northwest corner of a tract of land conveyed to Jerry O. Passmore, Sr. et ua, recorded in Volume967O, Page 335O(ORTCT); SOUTH 00 ° 05'13" EAST, along the westerly line of said Passmore tract, a distance of 241.45 feet to a 518 inch iron rod set for the southwest corner of said Passmore tract, and being in the northerly right -of -way line of said Highland Street, said point also being in a curve to the left, having a radius of 375.00 feet and chord bearing of SOUTH 66 - W WEST, THENCE along the northerly line of said Highland Street as follows: Along said curve to the left through a central angle of 03 °43'49" for an arc length of 24.41 feet to a 5/8 Inch iron rod found atthe end of said curve, and being in a compund curve to the right, having a radius of 325.00 feet and chord bearing ofSOUTH77 °19'19" WEST; Along said curve to the right through a central angle of 25 °20'58" for an arc length of 143.79feettoa 5/8 inch iron rod set at the end ofsaid curve, SOUTH 00 ° 06'30" WEST, a distance of 6.37 feet to a 518 inch iron rod set forcorner in thesoutherly line ofsaid 7.51 acre tract; SOUTH 89 ° 56'42" WEST, along the southerly line of said 7.51 acre tract, at 359.30 feet passing the southwestcornerofsaid 7.51 acre tract, and continuing for a total distance of 493.64 feet to the PUINT t7F 9EUINNiNG; CONTAINING within these metes and bounds 16.34 acres or 711,810 squarefeet of land more or less. Case No. Attachment E CP12 -006 Page 5