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Item 4GCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT February 12, 2014 CASE NO: ZA13-142 PROJECT: Zoning Change and Concept Plan for 201 E. Highland St., for proposed Lots 3-6, W.W. Hall No. 687 Addition EXECUTIVE SUMMARY: K.M. Properties, Inc. is requesting approval of a Zoning Change and Concept Plan for proposed Lots 3-6, W.W. Hall No. 687 Addition on property described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of Southlake, Tarrant County, Texas and located at 201 E. Highland St., Southlake, TX. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-20A" Single Family Residential District. Spin Neighborhood # 7. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan from "AG Agricultural District to "SF-20A" Single Family Residential District to allow the construction of four (4) new homes. All of the existing structures are planned to be removed. A variance is requested to the Tree Preservation Ordinance No. 585, as amended, Section 7.2, Table 2.0 — Existing Tree Cover Preservation Requirements, that require a minimum of 70% of the existing tree cover be preserved. The applicant proposes to preserve approximately 48%. The Planning & Zoning Commission recommended approval subject to the concept plan review summary and staff report, to include the variance request to the tree preservation ordinance, noting the applicant's willingness to plant 1 tree for each (1) tree removed with a minimum 4 inch caliper. ACTION NEEDED: Consider approval of 1st reading for a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Concept Plan Review Summary No. 2 dated January 31, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-659 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA13-142 BACKGROUND INFORMATION APPLICANT: K.M. Properties, Inc. OWNER: H.W. Cook PROPERTY SITUATION: 201 E. Highland Street LEGAL DESCRIPTION: Tract 1, W.W. Hall Survey, Abstract No. 687 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-20A" Single -Family Residential District HISTORY: - The existing home has approximately 1,585 square feet of living area and was constructed in 1972. - The property was annexed into the City in 1957 and given the "AG" Agricultural zoning designation. SOUTHLAKE 2030 PLAN: Consolidated Land Use Plan - The underlying land use designation is Medium Density Residential. The request to change the zoning to "SF- 20X Single Family Residential District is consistent with this land use designation. Master Thoroughfare Plan - The Master Thoroughfare Plan designates E. Highland Street as an A3U, 3 lane undivided arterial street, with a 70 foot wide right-of-way. Pathways Master Plan - The Master Pathways Plan shows six (6) foot sidewalks planned along the north and south sides of this portion of E. Highland Street. The proposed concept plan indicates a six (6) foot sidewalk will be constructed by the home builders. WATER & SEWER: A 12" water line exists along E. Highland Street and a 6" sanitary sewer line exists along the southern border of the subject property. TREE PRESERVATION: The proposed Tree Conservation Plan does not meet the Existing Tree Cover Preservation Requirements. 70% of the existing tree cover is required to be preserved and the applicant is proposing to preserve 48%. A variance has been requested. CITIZEN INPUT: A SPIN meeting has not yet been held for this proposal. P&Z ACTION: February 6, 2014; Approved (5-0) subject to the Concept Plan Review Summary No. 2 and the Staff Report dated January 31, 2014, to include the requested variance to the Tree Preservation Ordinance No. 585, as amended, regarding existing tree cover preservation requirements; noting the applicant's willingness to plant 1 tree for each 1 tree (removed) at a minimum 4 inch caliper. Case No. Attachment A ZA13-142 Page 1 STAFF COMMENTS: Concept Plan Review Summary No. 2 dated January 31, 2014 is attached. A 4-lot plat showing for the proposed subdivision is in the approval process and will need to be recorded prior to issuance of any building permits. Case No. Attachment A ZA13-142 Page 1 Vicinity Map W.W. Hall No. 687 Addition l 7 �R CT 141 101 3 07 'y 77 4 �51 121 3 79 33S 407 0 340 1360 N M � 1320 1310 0 o w 427 220 Highland LO N A O O N � 200 N E HI 440 T 101 181 303 411 N 49 o cD r- o tin `2 M 1050 o a o r _ 0 1048 U Q 1047 1160 ry^ry 8 4 a 1046 a 1045 J � g 1044 W 1043 o rG lIl L 7 N 22p 7:1042 �1041 228 232 Lg0 1038 4 1039 J 5� 1040 1037 0 960 91A 300 302 304 306 1035 2 921 919 917 915 913 �D6 0 33 N 301 3 CO 7 i DR D VE 924 922 920 918 916 914 EEK RL w r ^O� M °�'8 N W E ZA13-142 s Zoning Change & Concept Plan E HIGHLAND 555 0 400 800 1,600 Feet Case No. Attachment B ZA13-142 Page 1 Concept Plan I IF w F— ir-----_------'-- _ Sw I W.me 6521 H.W. L. Page 621�aUR ivy ZOMa*=A&WD=MEUWM NP+ W. �7 gENStT'RES, UE L N W11' S W 27516- - 7 �_ r�� - TG -----16WE -cn ff' eL �, I - ...ew. II� —zs si i c a 1�� E •,q,. � 1 mx � I i :tee_ R = ; n 5 W26140' E 27 ' o+ E4Hc' • �I �I a Doris Lat re W— 's ° j I 12175. Page 26Z DRFGF r + $$$ j ZOND4k A6 WD=ME°WM I --fib {I _ aE r el ����'�A �� a `I� 3 Eq€ � i. �'�e I� .gib ; i� i ; � a€ H g} € ; ¢ y i }i P •' [7?73 gg 3 f ( it e!r 1pr 3� '}� trlAr i s : E �� 9 - ^ ul 7 m 'ss Q Pay �s Case No. Attachment C ZA13-142 Page 1 Tree Conservation Plan o e p e o- a o Q v a t in a � I � S i. Im I l 1 R n v I 1 Jahn A_ $ Hekn L NRddPn, 1 Vol,me 6521. P,g M, DUCT ZCNN =A WD-AIEb- Caa-ESIC N'& q8 3 e l Z, r;-6 um �a,U>ww-o - �����g��_d����� ;n I g g gi� � EEE EE E'FE EEE E��F�E EE EE EE �� F_ � boa oz o��ogg�oo�z 444 �6o gq "� x`9 �ms- mmzi11m-22mYz 212-5432 ;3 �-mu-�,w�v��u�,ow�Nao�vwNmwoB � NwwW aw vN NaN VNx.ww N,vwwmww,= @ " M J R, d aa Case No. Attachment C ZA13-142 Page 2 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA13-142 Review No.: Two Date of Review: 01 /31 /14 Project Name: Zoning and Concept Plan — Proposed Lots 3 through 6, W.W. Hall No. 687 Addition APPLICANT: Kosse Maykus K.M. Properties, Inc. PO Box 92747 Southlake, TX 76092 Phone: 817-329-3111 Email: kosse@maykus.com OWNER: H. W. Cook 201 East Highland Street Southlake, TX 76092 Phone: Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/21/13 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 LORRIE FLETCHER AT (817) 748-8069 / Ifletcher ci.southlake.tx.us or DENNIS KILLOUGH AT (817) 748-8072 / dkilloughaci.southlake.tx.us . Tree Preservation Ordinance No. 585, as amended, requires 70% of existing tree canopy be preserved. The proposed Tree Conservation Plan shows approximately 48% of existing tree canopy being preserved. (a variance has been requested Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Tree Preservation Ordinance No. 585, as amended, requires 70% of existing tree canopy be preserved. The proposed Tree Conservation Plan shows approximately 48% of existing tree canopy being preserved. (a variance has been requested LAN DSCAPE/BUFFERYARDS COMMENTS: The applicant has provided a 20' — B bufferyard along the north property line along East Highland. A 10'- B type bufferyard is required to be provided adjacent to the north property boundary line along East Highland Street. The required landscaping within or in the vicinity of the bufferyards may be planted at the time the homes are constructed. Since the applicant has doubled the width of the bufferyard the required plantings may be reduced by twenty Percent (20%). Each lot will be required to contain the following landscaping within or in the vicinity of the required bufferyard to meet the bufferyard planting requirements. Case No. Attachment D ZA13-142 Page 1 2 — Canopy Trees 3 — Accent Trees 10 - Shrubs Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steven Anderson, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us PRELIMINARY DRAINAGE COMMENTS: 1. Please provide a more comprehensive drainage concept. This plan shows three proposed lots draining onto private property with no drainage easement that eventually flows to the newly constructed Chelsea Park subdivision. Are the systems in Chelsea Park designed to handle the additional runoff? 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. 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 Developer's Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. Any hazardous waste being discharged must be pretreated Ordinance No. 836. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclementsa-ci.southlake.tx.us No comments based on submitted information Case No. Attachment D ZA13-142 Page 2 Informational Comments: Staff strongly recommends contacting Lori Payne in the City Manager's Office to determine if a SPIN meeting would be beneficial to your application. Lori can be contacted by phone at (817) 748-8001 or by e-mail at Ipayne ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended. Please ensure the location(s) will not affect the proposed Tree Conservation Plan. All development must comply with the SF-20A Single Family Residential zoning district regulations. 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, all appropriate 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, Road Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA13-142 Page 3 — 1 — 1180 PyricWtrral 248 1110 = ca r e�anna llac mini e ttm q2G NeigM1babootl Commadg 1GGG A&Wt- Wo WG Surrounding Property Owners 201 E. Highland Street 313 Jr, 1227 Generalizes Ite", 335 esi i mini 1241 Yt Owner Zoning and Use M Acreage Response 1. M Christopher Custom Homes Llc RPUD Medium Density Residential 0.39 NR 2. Pollard, Jody Etux Leanna F RPUD Medium Density Residential 0.49 NR 3. M Christopher Custom Homes Llc RPUD Medium Density Residential 0.37 NR 4. Finn, Jerry & Lois J Finn RPUD Medium Density Residential 0.37 NR 5. M Christopher Custom Homes Llc RPUD Medium Density Residential 0.38 NR 6. Davis, Arlene & Donahue Dixon RPUD Medium Density Residential 0.34 NR 7. M Christopher Investments Llc RPUD Medium Density Residential 0.34 NR 8. Silveroak Land Dev Co Llc RPUD Medium Density Residential 0.04 NR 9. Silveroak Land Dev Co Llc RPUD Medium Density Residential 0.80 NR 10. Derose, Mark E SF1-A Mixed Use 2.04 NR 11. Southlake Ch Assembly Of God CS Public/Semi-Public, Medium Density Residential 6.90 NR 12. Southlake Land Holdings Lp SP2 Mixed Use, Mixed Use, Mixed Use 15.09 NR 13. Cook, H W AG Public/Semi-Public, Medium Density Residential 3.17 NR 14. Madden, Helen Louise AG Public/Semi-Public, Medium Density Residential 0.80 NR 15. Lafavers, Mike Etux Doris AG Medium Density Residential 0.85 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Fifteen (15) Responses Received: None (0) Case No. ZA13-142 NR: No Response Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-659 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 TRACT 1, W.W. HALL SURVEY, ABSTRACT NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 201 E. HIGHLAND STREET, SOUTHLAKE, TEXAS, BEING APPROXIMATELY 2.991 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL 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 ZA13-142 Attachment F 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 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 ZA13-142 Attachment F Page 2 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, ZA13-142 Attachment F Page 3 changed and amended as shown and described below: Being legally described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of Southlake, Tarrant County, Texas, being approximately 2.991 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF- 20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: 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 ZA13-142 Attachment F Page 4 and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, 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 ZA13-142 Attachment F Page 5 to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance 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 day of February, 2014. MAYOR ATTEST: CITY SECRETARY ZA13-142 Attachment F Page 6 PASSED AND APPROVED on the 2nd reading the day of March, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ZA13-142 Attachment F Page 7 *AV :I11.11o1-M Reserved for metes and bounds description ZA13-142 Attachment F Page 8 *: II11.11 M 1.1 Reserved for approved concept plan ZA13-142 Attachment F Page 9