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Item 6B13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT February 13, 2013 CASE NO: ZA12-118 PROJECT: Zoning Change and Concept Plan for 1150 N. White Chapel Blvd. EXECUTIVE SUMMARY: Natasha Smith is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF-1A" Single Family Residential District to allow construction of a new principal residence on property located at 1150 N. White Chapel Blvd, being described as Tracts 8B and 8B02A, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and being approximately 1.45 acres. REQUEST DETAILS: The applicant would like to construct a new home on property located at 1150 N. White Chapel Boulevard. In order to obtain a building permit, the existing tract must be rezoned and platted. The applicant is requesting a zoning change to "SF- 1A" Single Family Residential District because the Future Land Use designation for the property is Low Density Residential and the lot would be compatible with the required lot sizes in the SF-1A zoning district. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information - Link to PowerPoint Presentation (D) Concept Plan Review Summary No. 3, dated February 13, 2013 (E) Surrounding Property Owners Map (F) Surrounding Property Owner Responses (G) Ordinance No. 480-634 STAFF CONTACT: Matt Jones (817) 748-8269 Dennis Killough (817) 748-8072 Case No. ZA12-118 BACKGROUND INFORMATION OWNER/APPLICANT: Natasha Smith PROPERTY SITUATION: 1150 N. White Chapel Blvd. LEGAL DESCRIPTION: Tracts 8B and 8B02A, Thomas M. Hood Survey; Abstract No. 706 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District HISTORY: -The property was annexed in 1957. -The current residence was built in 1955 (source: TAD). SOUTHLAKE 2030 PLAN: Future Land Use Plan The underlying land use designation for this property is "Low Density Residential" with an option designation of "Rural Conservation." The proposed development is consistent with the recommended scope of uses under the "Low Density Residential" land use designation. Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. White Chapel Blvd. as an 88' four -lane divided arterial. Additional ROW may be required to be dedicated when the subject property is platted. Pathways Master Plan The Pathways Master Plan and Sidewalk Plan show an on -street bikeway and a programmed 8' multi -use path along N. White Chapel Blvd. These facilities will be installed with the City's improvements planned for N. White Chapel Blvd. anticipated to begin in early 2014. WATER & SEWER: The property is served by a 6" sanitary sewer line and a 12" water line running along the west side of N. White Chapel Blvd. P&Z RECOMMENDATION: On January 17, 2013 approved (6-0) subject to Concept Plan Review Summary No. 2 and Staff Report dated January 11, 2013. CITY COUNCIL: On February 5, 2013 approved (7-0) on consent as presented. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated February, 2013. Case No. Attachment A ZA12-118 Page 1 Vicinity Map 1150 N. White Chapel Blvd. E.Hi han W. Hi hi a J ai Dove ree r . z Case No. ZA11-118 ZA12-118 Zoning Change and Concept Plan 1150 N. White Chapel Blvd. N W F 0 205 410 820 s Feet Attachment B Page 1 PROPOSED CONCEPT PLAN CTI.ST M HOMES W I I A101 I Case No. Attachment C ZAl 2-118 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA12-118 Review No.: Three Date of Review: 02/13/13 Project Name: Zoning Concept Plan — 1150 N. White Chapel Blvd. APPLICANT: Natasha Smith 1150 N. White Chapel Blvd. Southlake, TX 76092 Phone: 915-261-6545 Fax: Owner: Same Phone: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/04/13 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 MATT JONES AT (817) 748-8269. Informational Comments: All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. 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 concept plan and building plans must be submitted for approval and all required fees must be paid. The Master Thoroughfare Plan recommends N. White Chapel Blvd. as an 88' four -lane divided arterial. Additional ROW may be required to be dedicated when the subject property is platted. The Pathways Master Plan and Sidewalk Plan show an on -street bikeway and a programmed 8' multi -use path along N. White Chapel Blvd. These facilities will be installed with the City's improvements planned for N. White Chapel Blvd. anticipated to begin in early 2014. Denotes Informational Comment Case No. Attachment D ZA12-118 Page 1 Tree Conservation/Landscape Review Case No. ZA12-118 Review No. Two Dated: January 11, 2013 Number of Pages: 2 Project Name: Smith House (Zoning Change and Concept Plan) Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713 The following comments are based on the review of plans received on 777777? 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: * It appears this lot has approximately 80% tree cover which will require a minimum of 30% of the existing tree cover to be preserved with development of the property. It appears that the conservation plan is compliant with this requirement. Except as provided by subsection 7.2.b.of the Tree Preservation Ordinance 585-1), a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. 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 reserved* 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. Information required for Tree Conservation Analysis: i. Identification of Critical Environmental Features of the site: A. All grades over 5% B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Alternative to a Tree Survey iii. Critical Root Zones of groups of trees iv. Boundaries of any tree preservation areas as identified in the ERP Map V. Identification of areas of environmental constraints not suitable for development vi. Identification of areas of minimal environmental constraints that are suitable for development vii. Areas of encroachment into Critical Environmental Features areas identified on the site Case No. Attachment D ZA12-118 Page 2 viii. Stream/Creek buffers, if any ix. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application X. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property * 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 trees intended to be preserved. Case No. Attachment D ZA12-118 Page 3 Public Works/Engineering Review Case No. ZA12-118 Project Name: 1150 N. White Chapel Blvd. Contact: Steven D Anderson, Civil Engineer Phone: (817) 748-8101 Fax: (817) 748-8077 GENERAL COMMENTS: Dedication of right of way may be required at the time of platting per the Master Thoroughfare Plan This review is preliminary. Additional requirements may be necessarywith the review of construction plans. Case No. Attachment D ZA12-118 Page 4 Case No. ZA12-118 Review No. 1 Project Name: Smith House Contact: Kelly Clements, Assistant Fire Marshal Dated: 12-19-2012 Number of Pages: 1 Phone:817-748-8233 Fax:817-748-8181 The following comments are based on the review of plans received on 12-13-2012. Comments may be incorporated into the formal review to be considered by either the Planning and Zoning Commission 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: 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 apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of the residence, measured as the hose would be laid. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 80,000 pounds GVW) Since fire apparatus access is required further than 150 feet from the public street, and approved turn -around must be provided for fire apparatus. FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid, or an additional hydrant will be required. Case No. Attachment D ZA12-118 Page 5 Surrounding Property Owners 1150 N. White Chapel Blvd. ij 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 0.99 NR 3. Riordan Capital Properties Lp SF1-A Low Density Residential 0.99 NR 4. Southlake Ch Assembly Of God CS Public/Semi-Public 6.90 NR 5. Smith, Michael A & Natasha C AG Low Density Residential 0.20 NR 6. Smith, Michael A & Natasha C AG Low Density Residential 1.36 F 7. Paty, Barbara Ann C1 Low Density Residential 0.99 NR 8. Paty, Barbara Ann AG Low Density Residential 2.05 F 9. Mangini, Cynthia A AG Low Density Residential 0.76 NR 10. Mangini, Cynthia A AG Low Density Residential 0.56 NR 11. Wood, James C Jr AG Low Density Residential 0.96 NR 12. Wood, James C AG Low Density Residential 1.52 NR 13. Bush, Kyle AG Low Density Residential 0.28 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Eight (8) Responses Received: Two in favor (2) NR: No Response Case No. Attachment E ZA12-118 Page 1 Surrounding Property Owner Responses Notification Response Form ZA12-118 Meeting Date: January 17, 2013 at 6:30 PM Paty, Barbara Ann 1000 N White Cpl Blvd Southlake Tx, 76092 A 706 8B09 C y 7a,�; aA"k '900/A--7-a4,tE7 C.! 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:Date: �3 Additional Signature: Date: Printed Name(s): L3j)e,-r3ApA rAIX_ Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): ��) 7 �!'s i Case No. Attachment F ZA12-118 Page 1 Notification Response Form ZA12-118 Meeting Date. January 17, 2013 at 6:30 PM Smith, Michael A & Natasha G 805 Gateshead Ct 5outhlake Tx, 76092 A 706 86 20 I RN 7 7 2013 4' 7 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 apposed 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: Printed Narne(s): —W Must be property owner(s) whose nam Phone Number (optional): Date: I C 3 Date: �7 ment, One form per properly Case No. Attachment F ZA12-118 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-634 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 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.45 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL ZONING 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 "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA12-118 Page 1 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 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 Case No. Attachment G ZA12-118 Page 2 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 8B & 8B02A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.45 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN Case No. Attachment G ZA12-118 Page 3 EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", AND SUBJECT TO THE FOLLOWING CONDITIONS: • No conditions on 1st reading 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 Case No. Attachment G ZA12-118 Page 4 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 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. Case No. Attachment G ZA12-118 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall 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 51" day of February, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 191" day of February, 2013. MAYOR ATTEST: Case No. Attachment G ZA12-118 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CITY SECRETARY EXHIBIT "A" Being on property described as: TRACTS 8B & 811302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Case No. ZA12-118 Attachment G Page 7 EXHIBIT `LB" s 12!luapisaj Alisuap Moi — O(l� z6O9[Xl'3NV 1H J"O 'OAlB l3d V H 7 311HM N OS l L �avlunoc — l-�S 9N NOZ Cl Gild HAWS VH5tl1MJ ONV l3VH71W NY7d 1d3JNOJ i �Vll f1-Ff1J Iii9V :9NINOZ IN 3llll ill i10J37N3O153tl O350dOQld e 0 a T x �I Lei ,Off59 )amec O-19 2122 0 IN ST.N0.0191212230 Luo =low denzity9rezitlenval 465ba W. HIGHLAND STREET 0 a V 3 wo=e.. egg ,tsrkuuwt .d r 7 4 I Z a �r$ ros r i W < Barbara Ann Paty (Formerly Barbara Ann Hartz) C urrent zoning: Agricultural CAL =low density reside ncial Case No. Attachment G ZA12-118 Page 8