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Item 6ACITY OF S0UTHLA1<,.,E Department of Planning & Development Services STAFF REPORT August 14, 2013 CASE NO: ZA13-043 PROJECT: Zoning Change and Concept Plan for 1833 Our Lane EXECUTIVE SUMMARY: On behalf of Scott and Becky Johnson, M. Christopher Homes is requesting approval of a Zoning Change and Concept Plan on property described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and located at 1833, 1847 and 1851 Our Ln., Southlake, TX. The current zoning is "AG" Agriculture District. The requested zoning is "SF-1K Single Family Residential District. Spin Neighborhood # 5. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan from "AG Agricultural District to "SF-1K Single Family Residential District to allow construction of a new home on the property. Two concept plan options, Option A and Option B, have been submitted (see pages 2 and 3 of Attachment C). The applicant is requesting approval of both options to allow the location of the garage, either on the right side or on the left side of the house, to be determined at a later date. An application for a one - lot plat showing, which can be administratively approved, has also been submitted. The applicant is designing the driveway entrance from Our Ln. as a turnaround for fire and other emergency equipment (see exhibit on page 4 of Attachment C). The Fire Department has included a comment that an additional turnaround interior to the property will also be required if fire apparatus access is required farther than 150 feet from Our Ln. The additional turnaround, if required, will be approved as part of the building permit approval. City sewer is not available to the property, so the property is intended to be served by a private septic system that will require approval by the Tarrant County Health Department. The applicant will install an 8" water line from Randol Mill Ave.to the southwest corner of the property. A proposed fire hydrant is also shown on both the Option A and Option B Concept plans. Per Council's direction at 1s` reading, the applicant has scheduled a meeting with City staff to be held prior to 2nd reading on August 20, 2013 to discuss reimbursement agreements regarding access to the waterline for future permit applicants and a possible cost -sharing agreement regarding road improvements. Due to opposition from surrounding property owners within 200 ft being in excess of 20%, a Super Majority Vote (6 of 7 members) by the City Council will be needed in order to approve a second reading of this request. Case No. ZA13-043 1WI N Fell kiIs] 4 REQUESTED: A variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street, is requested. Our Lane is currently a private street that doesn't meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding private streets. The applicant is requesting a variance to allow the lot to front on Our Lane as it currently exists and has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: a. An 8" water line meeting City standards from Randol Mill to the southwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. The City will also require that a utility easement or water line easement be granted to the City prior to acceptance of the water line. b. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2"d Reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Revised Concept Plan Review Summary No. 2 dated August 6, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-641 (G) Half Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA13-043 BACKGROUND INFORMATION OWNER: Scott and Becky Johnson APPLICANT: M. Christopher Homes PROPERTY SITUATION: 1833 Our Lane LEGAL DESCRIPTION: Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-1A" Single -Family Residential District HISTORY: - The property was annexed into the City in 1987 and given the "AG" Agricultural zoning designation. - A zoning change and concept plan (ZA13-083) for the property at 1730 Randol Mill Ave. from "AG" Agricultural District to "SF-20A" Single -Family Residential District was approved February 17, 2004. - A zoning change and concept plan (ZA06-049) for the properties to the west of the subject property located at 1801 and 1829 Our Ln. from "AG" Agricultural District to "SF-1A" Single -Family Residential District was approved August 1, 2006. - A plat showing (ZA08-008) for Lots 5 & 6, W. Martin No. 1068 Addition for the properties to the west was approved March 19, 2008 and filed April 30, 2008. - A zoning change and concept plan (ZA10-053) for the property at 1742 Our Ln. from "AG" Agricultural District to "SF-1A" Single -Family Residential District was approved November 2, 2010. - A plat showing for Lot 7, W. Martin No. 1068 Addition for the property at 1742 Our Ln. was approved March 2, 2011 and filed April 7, 2011. SOUTHLAKE 2030 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to "SF-1A" Single Family Residential District is consistent with this land use designation. PATHWAYS MASTER PLAN: The subject property is exempt from the sidewalk requirement because sidewalks do not exist on both sides of the lot and the lot is not located within 1500' of a public or private school on the same side of the street. WATER & SEWER: This site is currently serviced by a 2" water line along Our Lane. City sewer is not available, so the sites will be served by a private septic system. DRAINAGE COMMENTS: Drainage is from east to west on the eastern portion of the lot and from south to north on the western portion of the lot where the new home is proposed. A grading plan will be required prior to issuance of a building permit. TREE PRESERVATION: Eight (8) existing trees are proposed to be removed on the Option "A" plan and five (5) existing trees are proposed to be removed on the Option "B" plan. Case No. Attachment A ZA13-043 Page 1 CITIZEN INPUT: The SPIN representative did not recommend a meeting for this case. P &Z ACTION: June 6, 2013; Tabled to the July 18, 2013 meeting. July 18, 2013; Approved (6-0) subject to Concept Plan Review Summary No. 2 dated May 31, 2013 and the staff report dated July 12, 2013 and approving the variance request as follows; a) An 8" water line meeting City standards from Randol Mill to the southwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. b) The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. CITY COUNCIL ACTION: August 6, 2013; Approved at 1s` reading (7-0) including the recommendation of the Planning and Zoning Commission that the applicant will provide an eight inch fresh water line to the southwest corner of the property; applicant understands that the City will not be responsible for road maintenance along Our Lane; and asking the applicant work with city staff to discuss reimbursement agreements regarding access to the waterline for future permit applicants, providing water access to the eight inch line for the existing homeowners along Our Lane, discuss a possible cost -sharing agreement regarding road improvements to Our Lane and granting the variance to property not having access to a public roadway. STAFF COMMENTS: Due to opposition from surrounding property owners within 200 ft being in excess of 20%, a Super Majority Vote (6 of 7 members) by the City Council will be needed in order to approve a second reading of this request. Per Council's direction at 1s` reading, the applicant has scheduled a meeting with City staff to be held prior to 2nd reading on August 20, 2013 to discuss reimbursement agreements regarding access to the waterline for future permit applicants and a possible cost -sharing agreement regarding road improvements. Revised Concept Plan Review Summary No. 2 dated August 6, 2013 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA13-043 Page 1 Vicinity Map 1833 Our Lane T 1 41 SAE Q J J_ J z Z KCv W Q OUR+ J J_ J C) a Z Q Z -J TUSCAN-RIDGE-CIR O 0 Z C'1 O i ZA13-043 114 Concept Plan i N 1833 Our Lane w ,E 114 s 1:1U y, ! 0 250 500 1,000 r , Feet Case No. Attachment B ZA13-043 Page 1 Variance Request Letter To: the City Council Members Re: 1.663 Acre Tract, William H. Martin Survey, Abstract No. 1068 1833 Our Lane I, Rudy Rivas, acting as an authorized agent for the owner, Scott Johnson, acknowledge that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. It has been the practice of the property owners for the past 38 years to maintain the private road known as Our lane, for the purposes of egress and digress for all vehicles, including private, commercial and emergency. I respectfully request a variance to the requirement in the Subdivision Ordinance that all lots front on a public street, with the condition that the required 8" water line to the southwest corner of the subject property will be installed by the builder prior to the issuance of a building permit. Thank you for your consideration regarding this matter, C udy Rivas 630 Oakmont Ct Fairview Tx, 75069 Office: 214-288-9456 Fax: 972-529-1078 Date Case No. ZA13-043 Attachment C Page 1 Concept Plan Option "A" U.D. S A 10oLE aE'= L—____1..*a,..>en. r°eu 1tio --T ---- E r I ���� ,^ .. ,. I I FT L ° o , �1h sI ••�° Ku — PftCP. FESIOfNLE O . T.c . I�n .... 5,650 SA L.U.D. . A �I L _,eR_ 1 E E_EEr � �E L - -- -- �AG* c r E E_EEr T J . - O � � H T L.U.D. TT i ----- - - - - - - —I _.swi Option "A" CONCEPT & L.U.D. AG TREE PRESERVATION PLAN AG LOT B, vu W. MARTIN NO. 1068 ADDITION A 1.663 ACRE TRACT .-nc. CONTAINING I PRIVATE LOT t r utn osr ncl LOCATED IN THE -uc - WILLIAM H. MARTIN SURVEY'ABSTRACT NO. 1068 IN THE OTY OF SOUTHLANE TA ADDRESS COUNTY. TIEK 5 MOURLANE M. CHRISTOPHEREAND COMPANY °ne�^:e sv�wm rFas _ ut aunx My p�um`�en a yii�wcwv. ZA13-043 Case No. Attachment C ZA13-043 Page 2 Concept Plan Option "B" sI- . 9 .U.D. S 1 A sAootR�aEE ' r, _L-.T '.'— — Tres Corereoe etlon -- — -----====1-- —__--- ---- NBBZ6OBE796:70_— — =----== —� --r--- i— L i..� u IT _ I R.. ... •- I I FT I ®' • • °' „.. .. .. r `._ E L.U.D. �� I -PROP. 55"DENLE T T > 5,6" SF ,. .,. ... .uc . SF-1A L.U.D.„- T I I n `•"•• Slte®eIa 1—---__--_ ,_---$8913OOW396.68--__ __--_--_----__ •°°0as. Opt"n "B CONCEPTS AG E E r L.U.D. d ` d i AG TREE PRESERVATION PLAN ` yam.. AG Lore. • — ,,., W. MARTIN NO. 1061 ADDITION A 1.E63 ACRE TRACT CONTAINING 1 PRNATE LOT > _ b T um ash Act LOCATED IN THE WILLIAM H. MARTIN SURVEY, ABSTRACT NO. I. IN THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS AOURE5 IW WRLWE M. CHRISTOP17REAND COMPANY ZA13-043 Case No. Attachment C ZA13-043 Page 3 Fire Turnaround Exhibit LOT 3 1 B D `IT"T __- (�0. ac •sal — - pa}CT Z io+E.� unia•c .No 0 a�Ng1p2CB0..•5 f � � �C - - OnarrCr- CO 1 505Fp uNE OE NEW 1 _ T1aE lAv[ NPN-•Atllvp —60' 1VBuf u iN51 N0 J1M,—1 I>• K IT ENO 1211 111 T: piles+ •cl .. .. os a ce. c,�- - - 5R .lose SnA%EY .i1L. 16127, PG. IB Ca TCT `a. 's s FIRE LANE u•tF Case No. ZA13-043 Attachment C Page 4 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA13-043 Review No.: Two Date of Review: 08/06/13 Project Name: Concept Plan — 1833 Our Ln. APPLICANT: Jacob Green M. Christopher Homes 630 Oakmont Fairview, TX 75069 Phone: (214) 500-7350 E-mail: jacob@mchristopherinc.com OWNER: Scott and Becky Johnson 1401 Park Place Southlake, TX 76092 Phone: (817) 296-3791 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/20/13 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) 748-8072. 1. A variance is requested to allow the lot to not front on a public street. The applicant has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: a. An 8" water line meeting City standards from Randol Mill to the southwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. b. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. 2. Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name, existing zoning, and land use map designation. Adjacent properties on all four sides of the property being rezoned have a land use designation of Low Density Residential, so label each property ("L.U.D.=Low Density Residential"). Zoning on adjacent properties to the north and west is "SF-1A" Single Family Residential and zoning on the properties to the south, southwest and east is "AG" Agricultural. Label each property Zoning = "SF-1A" Single Family Residential or Zoning = "AG" Agricultural. Please provide (not on the plat, but on the concept plan/tree preservation plan) the existing percentage of tree coverage and the percent of existing tree cover to be preserved. The minimum tree cover to be preserved is listed in the table below: Case No. Attachment D ZA13-043 Page 1 Table 2.0 —Existing Tree Cover Preservation Reomi eiiieiits Percentage, of exiWii q tree cover on tlie, entire site 31irrirtrum percenlrage° of the a isling tree cover to be Jf eserved - 0d 0 - '10% 70% 20.1 — 40% 60% 40.1% - 60% 50% 60.1 ° u - 80% 4D o 80.1% - 100% y0% `The TJIt!?l]1 aw percentage of existing tree cover to he preserved slarrll exclude rrnv area in parbIie r i,ghfs-of-ii oy os approi vol bt' City Councii, 4. Prior to issuance of a building permit, the City must approve a building/construction plan, including the acceptance of the 8" water line and including the appropriate easements. 5. The proposed fire hydrant must beat the end of the 8" waterline to be installed to avoid having a dead end that traps water at the end of the line. 6. Please revise the 30' x 30' utility and roadway access easement at the southwest corner of the property to include the entire area of the proposed hammerhead as shown on the exhibit. 7. Prior to issuance of a Certificate of Occupancy, the Fire Department will approve all road improvements and constructed drive turnaround. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 1. All trees shown on the approved Tree Preservation Plan as to be saved must be preserved or they will have to be mitigated by replacing them on a caliper inch per caliper inch basis or paying into the City's Reforestation Fund. Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS Our Lane is a private street that does not meet the requirements of a public local street and acknowledgement that the City will not maintain the street shall be required. (A letter has been provided). City sewer service is not available in this area. A septic sewer system will be required to serve this property. Use the City of Southlake GPS monuments whenever possible. Information can be found in the City of Southlake website: Case No. Attachment D ZA13-043 Page 2 http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS Provide a 15-foot minimum utility easement dedication along the southern property line for future 8- inch water line loop which shall connect to Randol Mill Road to the east. Easements shall be dedicated by plat. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15- foot 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. Water and sewer lines shall not cross property lines without being in a public easement or in the right-of-way. All water and sewer lines in easements or right-of-way must be constructed to city standards. WATER COMMENTS 1. As a requirement for granting the variance to allow the lot to not front on a public street, an 8-inch water line meeting City standards must be constructed to the property. Construction of the water line shall be required prior to issuing building permits. Water services shall not cross lot lines. Water meters shall be located in an easement or in the right-of-way. Water lines shall not cross property lines without being in an easement or right-of-way. GRADING AND DRAINAGE COMMENTS Provide a grading plan which includes drainage arrows and 2' or 5' contours. Contours may be obtained from the City of Southlake. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. An 18-inch minimum concrete culvert is required. INFORMATIONAL COMMENTS: Submit 4 copies of the civil construction plans, 22" X 34" scalable full size sheets and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City's sewer, water or storm sewer system. A Residential Developer Agreement (RDA) shall be required for this development. The RDA may require approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements will require review and shall be released for construction by Public Works prior to placing the RDA on the City Council agenda for consideration. Case No. Attachment D ZA13-043 Page 3 Any hazardous waste being discharged must be pretreated Ordinance No. 836. For projects containing diversion or impoundment the following note should be placed in the final plat: Compliance with the provisions of the City's Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal (817) 748-8671 E-mail: kclementscd-)ci.southlake.tx.us 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. All residential fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of the residence on a "hose -lay" basis if un-sprinkled, and within 250 feet of all exterior portions of sprinkled residences. 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. (A minimum of 80,000 pounds GVW) If fire apparatus access is required farther than 150 feet from Our Ln., an approved turn -around must be provided for fire apparatus. This approved turn -around must be placed at a point where the apparatus will not be required to back-up more than 150 feet to turn around and exit the property. IaIN;a:VillQ:7e1ki11111111d91LY,I►YilEll ki111&1 The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid. A fire hydrant exist on Randol Mill Ave. within 1000 feet of the property and a fire hydrant is proposed at the end of the 8" water line to be installed by the property owner. General Informational Comments: The SPIN representative did not recommend a meeting for this case. A plat must be filed with the County prior to issuance of a building permit. Approval of the zoning change and concept plan is subject to approval of a one -lot plat showing (ZA13-044) that creates a lot meeting the minimum one acre minimum lot size in the SF-1A zoning district. All lighting must comply with the Lighting Ordinance No. 693, as amended. Case No. Attachment D ZA13-043 Page 4 All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. The property is not served by City sewer. The applicant must submit percolation tests and septic system feasibility analysis for the proposed lot. A permit will be required from the Tarrant County Health Department. 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, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA13-043 Page 5 Surrounding Property Owners 1833 Our Lane 5 4 3 1 22 21 20 11 14 15 T- 16 13 19 18 17 12 8 7 6 9 10 2 SPO # Owner Zoning Land Use I Acreage 41 Response 1. Chidiac, Michael & Karen SF1-A Low Density Residential 1.46 F 2. Spencer, Paul D SF1-A Low Density Residential 0.95 F 3. Mehta, Vivek Etux Seema SF1-A Low Density Residential 2.50 NR 4. Silverman, Eric S Etux Sheri SF1-A Low Density Residential 2.49 NR 5. Ndukwe, Vincent SF1-A Low Density Residential 2.06 NR 6. Gill, Kelly L AG Low Density Residential 0.83 NR 7. Breisch, Bruce C AG Low Density Residential 0.22 O 8. Breisch, Bruce C AG Low Density Residential 0.11 O 9. Gill, Kelly L AG Low Density Residential 0.48 NR 10. Burgess, Derrell & Martha Jo AG Low Density Residential 0.80 NR 11. Seals, James Etux Nelda AG Low Density Residential 1.00 NR 12. Quinn, Andrew Preston AG Low Density Residential 0.91 NR 13. Shatley, Josh AG Low Density Residential 0.61 O 14. Burger, Gene AG Low Density Residential 0.03 NR 15. Burger, Gene D AG Low Density Residential 0.08 NR 16. Ankerson, Lee Etux Adrianne AG Low Density Residential 0.79 F 17. Shatley, Josh Lou AG Low Density Residential 0.55 O 18. Shatley, Josh Lou AG Low Density Residential 0.48 O 19. Shatley, Josh Lou AG Low Density Residential 0.47 O 20. Johnson, Scott A AG Low Density Residential 0.60 F 21. Johnson, Scott A AG Low Density Residential 0.54 F 22. Johnson, Scott A AG Low Density Residential 0.57 F Case No. Attachment E ZA13-043 Page 1 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received within 200': Four (4) Notification Response Forms in opposition were received within 200', including two responses from Josh Shatley 8900 Davis Blvd., Keller, Texas, who submitted one response form for Tracts 2C8, 2C9, 2C10, William H. Martin Survey, Abstract No. 1068, addressed as 1846 Our Ln. and one response form for Tract 2C3, William H. Martin Survey, Abstract No. 1068, addressed as 1734 Our Ln., one response from Bruce C. Breisch, 1728 Our Ln., and one response from Adrianne Ankerson, 1814 Our Ln. Adrianne Ankerson submitted a Response Form in opposition June 6, 2013 and then signed a Letter of Support dated July 15, 2013. Letter of Support includes signatures of Adrianne Ankerson (1814 Our Ln), Paul Spencer (1742 Our Ln.) and Michael Chidiac (1829 Our Ln.), Scott Johnson (1833, 1847 and 1851 Our Ln.) Responses Received Outside 200': One Notification Response Form in opposition was received from Betsy Shatley 8900 Davis Blvd., Keller, Texas, for Tracts 2C7 and 2B2, William H. Martin Survey, Abstract No. 1068, addressed as 1800 Our Ln. Letter of Support includes signatures of Jay Singh (1801 Our Ln.), Imad Yamout (1715 Our Ln.), D. L. and Marilaine Wiggins (1730 Randol Mill Ave.) and Century 21 listing agent for 1833, 1847 and 1851 Our Ln. Case No. Attachment E ZA13-043 Page 2 Responses Received within 200' Notification Response Form ZA13r043 Meeting Date: June 6, 2013 at 6:30 PM Breisch, Bruce C 1728 Our in Southiake Tx, 76092 A1068 2B02A2 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVER' BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed p undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position. c- ry✓2- Signature: __ Additional Signature: Date: - Dater3d Printed Name(s): J� ,'M,� /�ry' Must be property owner(s) whose name(s) are printed attop. !Otherwiw contact the Planning Department. One form per property. Phone Number (optional); Case No. Attachment E ZA13-043 Page 3 ,/ Notification Response Form ZA13-043 Meeting Date: June 6, 2013 at 6:30 PM Shatley, Josh 8900 Davis Blvd Keller Tx, 76248 A1068 AC 0 acoq)9.c..ro 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: Printed Name(s): j Qn� Must be property owner(s) whose name(s) are Phone Number (optional): Case No. ZA13-043 Date: Date. at top. Othgj,'Wise contact the Planning Department. One form per property. Attachment E Page 4 i Protest 1. I disapprove of the rezoning ZA13-043 because I see no turn around or hammer head for emergency vehicular. Where will the burden of cost go if one is required now or in the future? 2. I do not see or understand where an 8" water main is being looped around to Randol Mill! And who is responsible for the cost. 3. Are the owners of each property responsible for the cost of improvements, amenities or maintenance on Our Ln. and is that based on the amount of property or frontage they own! As it stands the proposed zoning is states that all of the residents would be responsible to maintain Our Ln. I do not want to be taxed or told to maintain the road if the responsibility is based on the amount of frontage on Our Ln and not the amount of property you own, or if one of the property owners doesn't participate 4. How are all the residents going to agree to the improvements of Our Ln. and to what cost could everyone afford, if any. I do not see any improvement to Our Ln., unless someone or practically all the residents can agree. 5. Also when the properties at the end of Our Ln. decide to plat and rezone, will they be responsible for a emergency turnaround or hammer head. If so, I strongly disapprove of the zoning change ZA13-043. The burden should be 'shared with all the residents the properties if and when it has been platted and rezoned. 6. I also protest that proposed property has the driveway extended in to the public and utility easement where it should be set back from the center of each property line 30 feet. 7. All I see is our properties being taxed at values of other homes that are on public roads without the benefits of a public road and that our market values will remain low. 8. Without the city maintaining Our Ln., I don't believe the roads will be properly maintained unless all the property owners can come together! 9. Also who is going to guarantee the street and utilities will be brought up to city standards, so the city can take possession? Josh Shatley 1846 Our Ln Southlake TX Case No. Attachment E ZA13-043 Page 5 � Notification Response Form ZA13-043 Meeting Date: June 6, 2013 at 6:30 PM Shatley, .Josh 8900 Davis Blvd Keller Tx, 76248 A1068 2CO3 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: Printed Name(s): �j k Must be property owner(s) whose names) are printed at top. Otherwise Phone Number (optional). (� ��- Case No. ZA13-043 Date: h —� Date: the Planning Department. One form per property. Attachment E Page 6 Protest 1. I disapprove of the rezoning ZA13-043 because I see no turn around or hammer head for emergency vehicular. Where will the burden of cost go if one is required now or in the future? 2. I do not see or understand where an 8" water main is being looped around to Randol Mill! And who is responsible for the cost. 3. Are the owners of each property responsible for the cost of improvements, amenities or maintenance on Our Ln. and is that based on the amount of property or frontage they own! As it stands the proposed zoning is states that all of the residents would be responsible to maintain Our Ln. I do not want to be taxed or told to maintain the road if the responsibility is based on the amount of frontage on Our Ln and not the amount of property you own, or if one of the property owners doesn't participate 4. How are all the residents going to agree to the improvements of Our Ln. and to what cost could everyone afford, if any. I do not see any improvement to Our Ln., unless someone or practically all the residents can agree. 5. Also when the properties at the end of Our Ln. decide to plat and rezone, will they be responsible for a emergency turnaround or hammer head. If so, I strongly disapprove of the zoning change ZA13-043. The burden should be'shared with all the residents the properties if and when it has been platted and rezoned. 6. I also protest that proposed property has the driveway extended in to the public and utility easement where it should be set back from the center of each property line 30 feet. 7. All I see is our properties being taxed at values of other homes that are on public roads without the benefits of a public road and that our market values will remain low. 8. Without the city maintaining Our Ln., I don't believe the roads will be properly maintained unless all the property owners can come together! 9. Also who is going to guarantee the street and utilities will be brought up to city standards, so the city can take possession? Josh Shatley 1846 Our Ln Sout lake TX Case No. Attachment E ZA13-043 Page 7 Ra Wed Notification Response Form ZA13-043 !'71' °9 NO Meeting Date: June 6, 2013 at 6:30 PM Ankerson, Lee Etux Adrianne 1814 Our Ln Southlake Tx, 76092 A1068 2C04 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: 0 Signature: CA �—r- .� Date: 6 Additional Signature: Date: Printed Name(s): /-#c k-I' 1olu L % 4yALA sore Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA13-043 Page 8 July 15, 2013 Southlake Planning & Zoning: We, the undersigned property owners and concerned citizens, support the rezoning proposal on 1833,1847, and 1851 Our Lane in Southlake. We believe the improvements agreed to as part of this rezoning request will increase the safety and utility of all the properties on Our Lane. /� J �7ON�oL I r7�0 NAI-� )V� IS O of t�•Y1.� . 0�'33I I$ti-Ik l�Sl D"tv- C 12 r Case No. ZA13-043 Zh Attachment E Page 9 PLEASE REGISTER WITH THIS CARD TO, SPEAK TO THE PLANNING AND ZONING COMMISSION REGARDING ANY ITEM ON THE AGENDA Case No. Attachment E ZA13-043 Page 10 PLEASE REGISTER WITH THIS `CARD PLEASE REGISTER WITH THIS CARD TO SPEAK TO THE PLANNING AND ZONING COMMISSION REGARDING ANY ITEM ON THE AGENDA Please print and return to the P&Z Secretary. Agenda Item # Y Name �'p Date Address I will speak IN SUPPORT of this item. I will speak IN OPPOSITION to this Item. I do not wish to speak, but please record my: SUPPORT OPPOSITION Citizen Comments (for item on the agenda) F:%ComRevlW P-F] L ESIMTG4SP EAKP&Z.dcc Case No. Attachment E ZA13-043 Page 11 PLEASE REGISTER WITH THIS CARD TO SPEAK TO THE PLANNING AND ZONING COMMISSION REGARDING ANY ITEM ON THE AGENDA Please print and return to the P&Z Secretary. Agenda Item # rJE v 77� S C-�'-LA . . acne Address o lJ i:z LJ I will speak IN SUPPORT of this item. I will speak IN OPPOSITION to this item. Date I do not wish to speak, but please record my: SUPPORT OPPOSITION Citizen Comments (for item on the agenda) F:1ComDevlWP-F ILES1MTGl8PEAKP&Z.doc Case No. Attachment E ZA13-043 Page 12 PLEASE REGISTER WITH THIS CARD TO SPEAK TO THE PLANNING AND ZONING COMMISSION REGARDING ANY ITEM ON THE AGENDA Please print and return to the P&Z Secretary. Agenda It # Name C Address Ina Our- �G�r� e U�O cq I will speak IN SUPPORT of this item. I will speak IN OPPOSITION to this item. C I do not wish to speak, but please record my: SUPPORT OPPOSITION Citizen Comments (for item on the agenda) F:1C o m I)ev%VVP-F I LE SVTGISP EAKP &Z. doc PLEASE REGISTER WITH THIS CARD TO SPEAK TO THE PLANNING AND ZONING COMMISSION REGARDING ANY ITEM ON THE AGENDA Please print and return to the P&Z Secretary. Agenda Item # - !-3 Name. el1 ems; Date 6T/21100 ,/ Address % /-0 &e, 2 as ` " C' x. &A . 71x- le-0 I will speak IN SUPPORT of this item. I will speak IN OPPOSITION to this item. I do not wip.h to speak, but please record my: SUPPORT OPPOSITION Citizen Comments (for item on the agenda) F:ICom D evlW P-FI LESIMTGISPEAKP&Z. doc Case No. Attachment E ZA13-043 Page 13 Responses Received outside 200' Notification Response Form ZA13-043 Meeting Date: June 6, 2013 at 6:30 PM Shatley, 8e�� 8900 Davis Blvd Keller Tx, 76248 A1068 xmW0007 aa-1-k 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 (�opp:osDedto undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: • _ �' Additional Signature. Printed Name(s): -J.e Q Must be property owner(s) whose name(s) are print d at top, Otherwise contact Phone Number (optional): (t� � `7 Dater 13 Olt' Date: Department. One form per property (� Case No. Attachment E ZA13-043 Page 14 With the new owner needing to build, Our Lane will suffer deterioration due to the additional traffic of Commercial vehicles going in and out hauling materials needed. want everything spelled out clearly in writing, not conjecture, of what the responsibilities of all residents, new and long time, regarding any improvements proposed by the city of Southlake, that this zoning change & concept plan could bring about, since this notification was the first 1 time I was made aware of the ZA13-043, 1 will need more information. As it stands now, I oppose. Sincerely; Betsy Shatley 1800 Our Lane Southlake, Tx. 3ay "?�113 Case No. Attachment E ZA13-043 Page 15 July 15, 2013 Southlake Planning & Zoning: We, the undersigned property owners and concerned citizens, support the rezoning proposal on 1833, 1847, and 1851 Our Lane in Southlake. We believe the improvements agreed to as part of this rezoning request will increase the safety and utility of all the properties on Our Lane, A-a�Lo��� M-, G�ti Case No. ZA13-043 a4Z ay. LMwj-= 1 t5 Our U-ne . C �� 7 CI: CL-2 Zh Attachment E Page 16 PLEAtEi RE01 TER''WITH THIS CARD Case No. Attachment E ZA13-043 Page 17 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-641 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 2C11, 2C12 AND 2C13, W. MARTIN SURVEY, ABSTRACT NO.1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.663 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT 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 Case No. Attachment F ZA13-043 Page 1 District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment F ZA13-043 Page 2 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 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 1.663 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the Case No. Attachment F ZA13-043 Page 3 following conditions: 1. Council Motion at 1s' Reading August 6, 2013: A motion was made to approve Ordinance No. 480-641 (ZA13-043), zoning change and concept plan for 1833 Our Lane; including the recommendation of the Planning and Zoning Commission that the applicant will provide an eight inch fresh water line to the southwest corner of the property; applicant understands that the City will not be responsible for road maintenance along Our Lane; and asking the applicant work with city staff to discuss reimbursement agreements regarding access to the waterline for future permit applicants, providing water access to the eight inch line for the existing homeowners along Our Lane, discuss a possible cost -sharing agreement regarding road improvements to Our Lane and granting the variance to property not having access to a public roadway. 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 F ZA13-043 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 zoning which have accrued at the time of the effective date of this ordinance; and, as to such Case No. Attachment F ZA13-043 Page 5 accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance 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 it 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 61" day of August, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. Case No. ZA13-043 Attachment F Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA13-043 Page 7 EXHIBIT "A" Being described as Tracts 1 C & 1 E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas, being approximately 2.664 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment F ZA13-043 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA13-043 Page 9