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Item 6ECITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT January 30, 2013 CASE NO: ZA12-099 PROJECT: Zoning Change and Development Plan for Highland Oaks EXECUTIVE SUMMARY: On behalf of Marguerite E. Fechtel Revocable Trust, Rita E. Fechtel Trust, Merton and Susan M. Skaggs, Ride With Pride, Inc., James and Joy Duggins and Stephen A. Davis, Terra Land Management is requesting approval of a Zoning Change and Development Plan 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 "SF-1 B" Single Family Residential District. The proposed zoning is "R-PUD" Residential Planned Unit Development District. SPIN Neighborhood #5 REQUEST: Terra Land Management is requesting approval of a zoning change and development plan from "AG" Agricultural District and "SF1-B" Single Family Residential District to "R- PUD" Residential Planned Unit Development District for Highland Oaks to develop twenty seven (27) residential lots and five (5) open space lots on approximately 16.34 acres with a gross density of 1.65 units per acre. The applicant presented an alternative Development Plan at the January 15, 2013 meeting that addressed the request by City Council at their December4, 2012 meeting to provide more open space. The alternative Development Plan submitted shows open space area increased from 15% to 19.03% of the gross acreage. The number of lots remains the same at twenty-seven (27). The development as proposed does not comply with the Land Use Designation in the Southlake 2030 Plan. The Land Use Designation is currently Low Density Residential. The applicant has submitted an application for a Comprehensive Land Use Plan Amendment (CP12-006) to change the Land Use Designation to Medium Density Residential. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) SPIN Report dated May 21, 2012 (for previous Highland Oaks case) Case No. ZA12-099 (E) Development Plan Review Summary No. 4, dated January 29, 2013 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-631 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Richard Schell (748-8602) Case No. ZA12-099 BACKGROUND INFORMATION OWNER: 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 HISTORY: -The existing approximately 1,100 square foot residence at 320 W. Highland St. (Lot 8, T.M. Hood No. 706 Addition) was constructed in 1955 (Source: TAD). -The existing approximately 1,580 square foot residence at 340 W. Highland St. (Tract 8D01, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1957 (Source: TAD) -The existing approximately 2,240 square foot residence at 280 W. Highland St. (Tract 8D03, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1967 (Source: TAD). -The existing approximately 2,310 square foot residence at 200 W. Highland St. (Tract 8CO2, Thomas M. Hood Survey, Abstract No. 706) was constructed in 1977 (Source: TAD). -A zoning change from "AG" Agricultural to "SF-1 B" Single Family Residential District for the current Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition was approved by City Council on August 5, 1997. -A plat showing for Lots 8, 9 and 10, T. M. Hood No. 706 Addition was filed February 27, 1998. -The existing approximately 4,910 square foot residence at 300 W. Highland St. (Lot 10, T.M. Hood No. 706 Addition) was constructed in 1998 (Source: TAD). -The existing approximately 2,140 square foot residence at 310 W. Highland St. (Lot 9R1, T.M. Hood No. 706 Addition) was constructed in 1907 (Source: TAD) and relocated to the property in 1998 (Source: Building Permits). -A plat revision for Lots 9R1 and 9R2, Hood No. 706 Addition was filed January Case No. Attachment A ZA12-099 Page 1 19, 1999. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends W. Highland St. to be a two-lane undivided arterial with seventy (70) feet of right-of-way. Adequate right of way is shown to be dedicated on the Development Plan for W. Highland St. and for the roundabout that the City will construct at the intersection of W. Highland St. and N. White Chapel Blvd. Existing Area Road Network and Conditions The development will have one access directly onto W. Highland St., which is currently a two-lane undivided roadway with a pavement width of approximately twenty-four (24) feet. PATHWAYS MASTER PLAN: The Pathways Master Plan shows a planned eight (8) foot plus, multi -use trail along the west side of N. White Chapel Blvd. A six (6) foot sidewalk along the north side of W. Highland St. from Shady Oaks to N. White Chapel Blvd.is included in the Sidewalk Plan Priority Update 2008-2012. A six (6) foot sidewalk is shown on the Development Plan from the eastern property line of Open Space Lot 6, Block 3 to the western boundary of Open Space Lot 1, Block 1 and a four (4) foot sidewalk is shown from the western boundary of Open Space Lot 1, Block 1 to the western boundary of the development. WATER & SEWER: A 12-inch water line in N. White Chapel Blvd. and a 12-inch water line in W. Highland St. exist to serve the property. Sanitary sewer will connect to an existing 8-inch line in Countryside Ct. to the north through existing off -site utility easements. Sanitary sewer will also be extended to the south for the purpose of intercepting effluent from the lift station serving the Autumn Creek subdivision. TREE PRESERVATION: For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. SOUTHLAKE 2030 PLAN: The Land Use Designation in the Southlake 2030 Plan is Low Density Residential. The applicant has submitted an application for a Comprehensive Plan Amendment (CP12-006) to change the Land Use Designation to Medium Density Residential. CITIZEN INPUT: A SPIN meeting for the original Highland Oaks submittal (ZA12-051) was held May 21, 2012. The SPIN report is attached as Attachment D of this report. The SPIN Representative did not recommend another SPIN meeting for the current proposal. »e1klkllk[f1e1k11t1k•]kIIk[0 COMMISSION ACTION: November 8, 2012; Approved (7-0) subject to the Development Plan Review Summary No. 2 dated November 2, 2012 noting the staff report dated November 2, 2012 and noting the applicant's willingness to include the Case No. Attachment A ZA12-099 Page 2 design guidelines as part of the application as it goes to Council so that it can be part of the zoning request. CITY COUNCIL ACTION: December 4, 2012; Approved a motion to table (7-0) to the January 15, 2013 meeting. January 15, 2013; Approved at 1s` reading (7-0) subject to Development Plan Review Summary No. 3, dated January 9, 2013 and the applicant providing exhibit "A" known as the Highland Oaks design guidelines dated December 12th. STAFF COMMENTS: Development Plan Review Summary No. 4, dated January 29, 2013 is attached. Case No. Attachment A ZA12-099 Page 3 Vicinity Map Highland Oaks SH 114 C t. ZA12-099 r••�•.,,, Zoning Change and Concept Plan Northwest corner of W. Highland St. and N. White Chapel Blvd. � T _ E 0 360 720 1,440 s Feet Case No. Attachment B ZA12-051 Page 1 Residential Planned United Development District - Land Use and Development Regulations for the 16.34 acre development known as Highland Oaks 5outhlake, Texas This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 450, as amended, as it pertains to the "SF-20A" Single -Family Residential zoning district and the City of 5outhlake 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, twenty (20) feet for side yards facing a street. Rear Yard: Each lot shall have a minimum rear yard of twenty -fire (25) feet. Front, Side and Rear Yards for Lot 11, Block 1 shall be as shown and dimensioned on the Development Plan. Lot Width/ Depth: All lots shall meet the lot width and depth requirements of the "SF-20A" district (100'), except Lot 11, Block 1, which shall be as shown on the Development Plan. 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 (4011/o) 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 3,500 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' of paving. Case No. Attachment C ZA12-099 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,, and 2. Have a minimum lot dimension of 95'. Open Space Management Plan: All Common Open Space shall be owned and maintained by the Highland Oaks 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 ZA12-099 Page 2 DEVELOPMENT PLAN 0 o, —7 7-77 _. o Ij flo I`x i lu o N rndH Zn — Q —s c� F c � W I� 0 z a q govq mg o a o . Acme r N e Sri jj g os"n .x i fo .. a W All wu z QO � ssss —4 `9 0 F03 m E Q 5 o O o q O' o- o O w O i d 1 o a o v — v c 3$ 3 0 3 E 3 v Oa Oa O-, O� O E Oa O a Case No. Attachment C ZA12-099 Page 3 TREE CONSERVATION ANALYSIS Case No. Attachment C ZA12-099 Page 4 SPIN REPORT DATED MAY 21, 2012 (for previous Highland Oaks case ZA12-051) USOUTHLAle,'E CASE NO. PROJECT NAME SPIN DISTRICT MEETING DATE MEETING LOCATION SPIN MEETING REPORT ZA12-051 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 ZA12-099 Page 1 PROPOSED SITE PLAN �� I •�: a 1 � aecem«f 4 a" ra ce aoi �� 0. •� .r,. - I MAY 11 201E on9Drr: vla nar. �. . t i2 �". 7 ©(1 a ;. �t,.. r:� Zoning Cie #zatzaoa Development &Pedestrian Access Plan HIGHLAND OAKS rm,�azw. nova whey, aeman uo. yob, r,aw eor, ec, aacz x�nia�, ra�am w�ry,ra�,s QUESTIONS/CONCERNS • Will there be access to the development from N. White Chapel Blvd? c 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? c 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? c 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 ZA12-099 Page 2 Case No.: ZA12-099 DEVELOPMENT PLAN REVIEW SUMMARY Review No.: Four Project Name: Development Plan — Highland Oaks APPLICANT: Paul Spain Terra land Management, Inc. 395 W. Northwest Parkway, Ste. 300 Southlake, TX 76092 Phone: (817) 410-9201 Date of Review: 01/29/13 PLANNER: Curtis Young Sage Group, Inc. 1130 N. Carroll Ave. Ste. 200 Southlake, TX 76092 Phone: (817) 424-2626 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/13 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. A Comprehensive Land Use Plan Amendment must be approved prior to approval of a zoning change. A separate application has been submitted (CP12-006). 2. Show and label the lot lines as dashed, lot & block numbers, street names, and existing easements, and subdivision name and plat record (volume & page) (or cabinet & slide, or cabinet & page) for all platted properties within 200 feet of this property. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: For property sought to be zoned Residential Planned Unit Development District, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets Case No. Attachment E ZA12-099 Page 1 as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to the Tree Preservation Ordinance. Upon submittal of a final plat application, a Tree Conservation Plan will be required that identifies the type and diameter of the trees on the property. The existing trees within the proposed Open Space Lot 6 will not need to be identified unless any grading or construction is proposed within the area, but all of the other existing trees on the site will need to be identified by type and diameter. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Analysis 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 Analysis 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 trees intended to be preserved. # Denotes required items. Denotes informational items. Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us CrlEll kIEllM1 W6191 M IMIEll k111&1 This review is preliminary. Additional requirements may be necessary with the review of construction plans. 2. 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. 3. Show and label the distance to the nearest drive or street in either direction from the proposed drive. 4. Street intersections shall comply with TDLR/ADA accessibility standards. 5. Sidewalk widths shall conform to the Southlake Pathways Plan. Curb return radii minimum 30-feet. Sight distances shall conform to AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Information can be found in the City of Southlake website: http://www. cityofsouthlake. com/index. aspx?NID=266 IMrel;_]Ell MlEll k111&1 Case No. Attachment E ZA12-099 Page 2 Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15- feet minimum and located on one lot — not centered on the property line. A 20-foot easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Drainage easements shall be required for detention ponds and must include maintenance access. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER COMMENTS: All water meters shall be located in an easement or right-of-way. Fire lines shall be separate from the service lines. SANITARY SEWER COMMENTS: 1. The developer will be responsible for coordinating the abandonment of the lift station with the Public Works Department. City participation for the abandonment of the existing lift station will be included in the Residential Developer Agreement. All sewer lines in easements or ROW must be constructed to City standards. The sanitary sewer line may need to be extended to the south property to provide future connection to the property to the south. DRAINAGE COMMENTS: 1. Provide an updated drainage report. This development will require detention since this development drains into a drainage structure under S.H. 114 designed per TxDOT Standards. The difference between pre and post development runoff shall be captured in the detention ponds. The proposed detention pond shall control the discharge of the 2, 10 and 100-year storm events. Access easements are needed for maintenance of the detention pond. 2. Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. A grading plan with drainage arrows and 2' contours shall be required with civil construction plans. Lot -to -lot drainage will not be allowed and grading plan should clearly depict how runoff will discharge onto street. Provide cross sections and calculations verifying that the swales at outfalls 2 and 3 have the necessary capacity to intercept flows from this addition. Calculations will be required to verify that the street and the proposed curb inlets will be able to handle the volume of storm water at proposed conditions. All storm sewers collecting runoff from the public street shall be RCP. This property drains into a Critical Drainage Structure #9 and requires a fee to be paid prior to beginning construction ($278.14/Acre). The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Case No. Attachment E ZA12-099 Page 3 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.citvofsouthlake.com/PublicWorks/engineeringdesign.asp A Developer Agreement shall be required for this development and shall 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. Fire Marshal Review Kelly Clements Assistant Fire Marshal (817) 748-8671 kclementsCcDci.southlake.tx.us CrlEll kIEllZU Wd91Ly,I►yilEll k111&1 Subdivision street names to be approved by city prior to final plat. Submit proposed names and alternate names as soon as possible. Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2009 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. FIRE LANE COMMENTS: Fire access areas require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2009 I.F.C. Sec. 503.2.4) Cul-de-Sacs must have 30 ft. inside turn radius and 100 ft. total diameter for approved turnaround. The 45 foot radius will require approval of a variance from the Fire Chief. FIRE HYDRANT COMMENTS: Hydrants to have Hydra-Storz connections with butterfly vanes on pumper outlet for five -inch diameter hose. Hydrants required at maximum spacing for R-3 and U Occupancies is 400 feet for subdivisions with un-sprinkled homes and 600 feet for subdivisions that are completely sprinkled. 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 ZA12-099 Page 4 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. Community Service/Parks Department Review Peter Kao Community Services (817) 748-8607 pkaoCa_ci.soutlake.tx.us The applicant plans to use park credits from previous developments. General Informational Comments: Split -lot zoning is not permitted. Approval of the zoning change is subject to approval of a Preliminary Plat and a Plat Revision that conforms to the approved Development Plan. The Plat Revision will take the place of a Final Plat in this case for the properties that are already platted. A Preliminary Plat and Plat Revision must be approved by the City and a Plat Revision must be filed with the County prior to issuance of a building permit. The Preliminary Plat shall be submitted on the entire tract(s) being subdivided, regardless of whether the plat revision will include the entirety of all tracts. Therefore, the entirety of Tract 8C, Thomas M. Hood Survey, Abstract No. 706 must be included in the Preliminary Plat. All lots must comply with the underlying zoning regulations. Approval of the Preliminary Plat and Plat Revision is subject to approval of the corresponding zoning change. The zoning on the remainder of Tract 8C that is not included in the Development Plan must be changed prior to approval of a Final Plat for that lot. The lot as shown does not comply with the ten acre minimum lot area that is required in the "AG" Agricultural zoning district. A preliminary plat application has been submitted and approval of the plat will be considered at a future Planning and Zoning Commission meeting. A SPIN meeting for the original Highland Oaks submittal (ZA12-051) was held May 21, 2012. The SPIN Representative did not recommend another SPIN meeting for the current proposal. 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. 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 development plan, Tree Conservation 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. Case No. Attachment E ZA12-099 Page 5 Denotes Informational Comment Case No. Attachment E ZA12-099 Page 6 SURROUNDING PROPERTY OWNERS HIGHLAND OAKS 3 20 19 11 14 jj39 12 13 7 30 15 29 38 33 16 17 35 34 5 6 8 36 31q27 18 4 22 23 2 1 T252621 SPO # Owner Zoning Land Use Acreage Response 1. Riordan Capital Properties Lp SF1-A Low Density Residential 1.30 NR 2. Riordan Capital Properties Lp SF1-A Low Density Residential 0.97 NR 3. Richardson, Sallye Ann SF1-A Low Density Residential 4.85 NR 4. Grabowski, Leszek SF1-A Low Density Residential 5.41 NR 5. Skaggs, Merton M Jr Etux Susan SF1-B Low Density Residential 1.63 F 6. Duggins, James L Etux Joy H SF1-B Low Density Residential 2.55 NR 7. Seebeck, Robert & Marilyn SF1-B Low Density Residential 0.03 NR 8. Davis, Stephen A SF1-B Low Density Residential 2.24 F 9. Adelki Llc SP1 Office Commercial 0.51 NR 10. Bengtson Properties Up SP1 Office Commercial 0.39 NR 11. Parker Pearson Lp SP1 Low Density Residential 0.78 NR 12. Rec Properties Ltd SP1 Office Commercial 0.43 NR 13. Ahf-White Chapel Llc SP1 Office Commercial 0.57 NR 14. White Chapel Village Ctr Prt CS Mixed Use 3.03 NR 15. White Chapel Village Ctr Prt SF1-A Mixed Use 2.20 NR 16. White Chapel Village Ctr Prt SF1-A Mixed Use 1.09 NR 17. White Chapel Village Ctr Prt SF1-A Mixed Use 1.36 NR 18. Derose, Mark E SF1-A Mixed Use 2.04 NR 19. International Ch Four Square G SP1 Office Commercial 3.85 NR 20. International Ch Foursquare Go SP2 Office Commercial 6.13 NR 21. Southlake Ch Assembly Of God CS Public/Semi-Public 6.90 NR 22. Yetman, Bert M Etux Helga B AG Low Density Residential 0.71 NR 23. Campbell, Jose AG Low Density Residential 0.73 NR 24. Yetman, Bert M Etux Helga B SF1-A Low Density Residential 4.94 NR 25. Mangini, Cynthia A AG Low Density Residential 0.76 NR Case No. Attachment F ZA12-099 Page 1 26. Mangini, Cynthia A AG Low Density Residential 0.56 NR 27. Wood, James C Jr AG Low Density Residential 0.96 NR 28. Wood, James C AG Low Density Residential 1.52 NR 29. Woolley, Marquerite E AG Low Density Residential 3.56 NR 30. Rucker, Zena Sullivan AG Low Density Residential 0.52 U 31. Woolley, Marquerite E AG Low Density Residential 4.28 NR 32. Southlake, City Of AG Low Density Residential 0.66 NR 33. McCoy, Barry M Etux Tonya B AG Low Density Residential 1.04 NR 34. Ride With Pride Inc AG Low Density Residential 0.94 NR 35. Ride With Pride Inc AG Low Density Residential 0.91 NR 36. Fechtel, Rita E AG Low Density Residential 2.05 NR 37. Seebeck, Doreen L AG Low Density Residential 1.93 NR 38. Seebeck, Robert E Etux Marilyn AG Low Density Residential 1.38 NR 39. Seebeck, Robert E Etux Marilyn AG Low Density Residential 0.58 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. ZA12-099 Attachment F Page 2 SURROUNDING PROPERTY OWNER RESPONSES Highland Oaks Notices Sent: Thirty-nine (39) Responses Received: Three (3) Case No. Attachment F ZA12-099 Page 3 Notifica'fion Response Form) ZA12-099 Mectiog Date- November 8, 2012 att 6:30 Prd Davis, Stephen A. 300 W Highland St Southlake Tx, 7aD92 19103 10 AMP •�.. :�ai�it ..... PLEASE PROVIDE COMPLETED FORMS VIA !MAIL, FAX OR HAND OEI_IVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being " owner(s) of the property so noted above, are baby ire 1>"a►ior of opposed to undecided about (circle or underline cane) the proposed Zon ng Change and Concept Plan referenced above. Spice for comments regarding your position: Signature: , �,en LA- (�oaten "17!112- fv-- Additional Signature: Date - Printed hlame(s): 1 6C& Vz S Muv be Ned at top. Otherwise cotrW M Kwmkng C"artAVML 0m fvrm per propety. Phone Number ;optionoi): -- — S!4 �-- Case No. Attachment F ZA12-099 Page 4 Notification Response Form ZA12-099 Meeting Date: November 8, 2012 at 6:30 PM Rucker, Zena Sullivan 550 S Carroll Ave Southlake Tx, 76092 A 706 BC01 NO 5 2412 PM1'; IS PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to (' undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: I I -�>, Date: L- :7-- Printed Name(s): _�_C.-A1A l _. _ ' �- 7-4 g Must be property owners] whose name(s) are printed at top- Otherwise cc act the Planning Depdfterd. one form par property. Phone Number (optional): Case No. Attachment F ZA12-099 Page 5 Notification Response Form ZA12-099 Meeting Date: November 8, 2012 at 6,30 PM Skaggs, Merton M Jr Etux Susan 320 W Highland St Southlake Tx, 76092 19103 8 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Y of 4 l Puff ei 4d,4z' vogi d �— r�J Signature: Date: z. Additional Signature: Date: Printed Names}: RAust be property owner(s) whose name(s) are printed at top, Otherwise contact the Planruig Department. Dne form per property. Phone Number (optional) ` I ?-4-ZA-3�37 Case No. Attachment F ZA12-099 Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-631 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 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, BEING APPROXIMATELY 16.34 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF- 113" 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, Case No. Attachment G ZA12-099 Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "SF-1 B" 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, 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 Case No. Attachment G ZA12-099 Page 2 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 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 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Case No. Attachment G ZA12-099 Page 3 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, being approximately 16.34 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and SF-1 B 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", and subject to the following conditions: 1. City Council motion at 1s' reading January 15, 2013; Approved (7-0) subject to development plan review summary No. 3, dated January 9, 2013 and the applicant providing exhibit "A" known as the Highland Oaks design guidelines dated December 12th. 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 Case No. Attachment G ZA12-099 Page 4 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, 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 Case No. Attachment G ZA12-099 Page 5 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 post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 151" day of January, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. Case No. Attachment G ZA12-099 Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA12-099 Page 7 EXHIBIT "A" 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, being approximately 16.34 acres, 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 Survey, Abstract No. 706, City of South lake, Tarrant County, Texas, and being all of a 2.00 acretract of land conveyed to Marguerite Elizabeth Fechtel Revocable Trust, recorded in Instrument No. D206039012, 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(DRTCT), being lots 8, 911-1, and 10 of the TM Hood No. 706 Addition, being Tracts 8D01 and 8D02 of the Thomas M. Hood Survey, Abstract No. 706 conveyed to Ride With Pride Inc. recorded in Instrument No. D1991IU154 (DRTCT), and being more particularly described asfolIows: BEGINNING in the northerly right-of-way line of Highland Street (row) at a M inch iron rod found forth esouthwest corner ofsaid 2.00 acre tract of land, from which a "capped" iron rod found for reference bears NORTH 00"01'31" EAST, a distance of 15.15 feet, being the southeast corner of Lot 10 of the TM Hood No. 706Add ition; THENCE along the southerly line of the TM Hood No. 706 addition SOUTH 89°51'13" WEST a distance of 346.34feet to a point being the southeast corner of Lot 8 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 distance of 399.49 feet, to a point; THENCE NORTH 89'56'05" WEST, a distance of90.09feet, to a point; THENCE NORTH 01'27'14" WEST, a distance of 196.30feet, to a point; THENCE NORTH 40'12'46" EAST, a distance of 75.24 feet, to a point, THENCE SOUTH 89'55'49" EAST, a distance of 493.00 feet, to a point THENCE along the northerly I ine of said 2.00 acre tract of land and the southerly line of said Ravenaux Village Addition, SOUTH 89'50'00" EAST, at 134.32 feet passing the northeast corner of said 2.00 acre tract of land, and being the northwest corner of said 7.51 acre tract of land, and continuing along the northerly line of said 7.51 acre tract, at 41.04 feet passing an iron pipe found for the southeast corner of said Raven aux Village Addition, and continuing for a total distance of 645.68 feet to a 5/8 inch iron rod set for the 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, recorded in Volume 10438, Page 897, (DRTCT), 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 I! ne of said 7.51 acre tract as follows: SOUTH 00"17'30" WEST along thew est line of said Rucker tract, a distance of 134.68 feet passing a 5/8 inch iron rod set for the southwest corner of said Rucker tract and continuing for a total distance of 184.33feetto a point; SOUTH 89°59'14" WEST along the northerly line of said Jones tract, a distance of 88.84 feet to a 5/8 inch iron rod set at the northwest corner of said Jones tract: SOUTH 00°09'14" WEST along thew esterly line of said Jones tract, a distance of 176.20 feet to a 5/8 inch iron rod setfor 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 of0.84feet, NORTH 89"59'14" EAST along the southerly line of said Jones tract, a distance of 99.09 feet to a 5/8 inch iron rod set forth e northwest corner of a tract of land conveyed to Jerry O. Pass more, Sr. et ux, recorded in Volume 9670, Page 3350 (DRTCF); SOUTH 00°05'13" EAST, along the westerly line of said Pass more tract, a distance of 241.45 feet to a 5/8 inch iron rod set for the so uthwest corner of said Passm ore 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.O0feet and chord bearing of SOUTH 66'27'50" 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 of SOUTH 77°19'19" WEST; Along said curve to the right through a central angle of 25'20'58" for an arc length of 143.79 feet to a 5/8 inch iron rod set atthe end of said curve, SOUTH 00°06'30" WEST, a distance of 6.37 feet to a 5/8 inch iron rod set forcorner in the southerly line ofsaid 1.51 acre tract; SOUTH 89°56'42" WEST, along the southerly line of said 7.51 acre tract, at 359.30 feet passing the southwest cornerof said 7.51 acretract, and continuing for a total distance of 493.64 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 16.34 acres or 711,810 square feet of land more or less. Case No. Attachment G ZA12-099 Page 8 EXHIBIT "B" Reserved for Approved Development Plan Case No. Attachment G ZA12-099 Page 9