Item 6GCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
February 26, 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: 1. Conduct public hearing
2. Consider approval of 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) 11 x 17 Plan sets (for 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
CITY COUNCIL ACTION: February 18, 2014; Approved 1st reading (7-0) on consent.
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
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Case No. Attachment B
ZA13-142 Page 1
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ZA13-142 Page 1
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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 —
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Surrounding Property Owners
201 E. Highland Street
313 Jr1
1227 Generalizes Ite",
335
esi i mini
1241
Yt
Owner
Zoning
Land Use
Acreage
Response
1 •
M Christopher Custom Homes Llc
RPUD
216 Marie Circle
0.39
NR
2.
Pollard, Jody A Etux Leanna F
RPUD
212 Marie Circle
0.491
F
3.
M Christopher Custom Homes Llc
RPUD
208 Marie Circle
0.37
NR
4.
Finn, Jerry & Lois J Finn
RPUD
204 Marie Circle
0.37
NR
5.
M Christopher Custom Homes Llc
RPUD
1108 Tina Trail
0.38
NR
6.
Davis, Arlene & Donahue Dixon
RPUD
1112 Tina Trail
0.34
NR
7•
M Christopher Investments Llc
RPUD
1116 Tina Trail
0.34
NR
8.
Silveroak Land Dev Co Llc
RPUD
1120 Tina Trail
0.04
NR
9•
Silveroak Land Dev Co Llc
RPUD
1100 Tina Trail
0.80
NR
10.
Derose, Mark E
SF1-A
1205 N White Chapel Blvd
2.04
NR
11.
Southlake Ch Assembly Of God
CS
101 E Highland Street
6.90
NR
12.
Southlake Land Holdings Lp
SP2
335 E State Hwy 114
15.09
NR
13.
Cook, H W
AG
201 E Highland Street
3.17
F
14.
Madden, Helen Louise
AG
181 E Highland Street
0.80
NR
15.
Lafavers, Mike Etux Doris
AG
303 E Highland Street
0.85
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Fifteen (15)
Responses Received: Two (2) in favor — please see attached
Case No.
ZA13-142
NR: No Response
Attachment E
Page 1
JAN/31/2014/FR1 04:17 PM RTC Used Trucks FAX No.972 445 2069 P.001/001
Notification Response Form
ZA13-142
Meeting Date: February 6, 2014 at 6:30 PM
Pollard, Jody A Etux Leainna F
212 Marfe Cir
Southlake Tx, 76092
7149 13
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
fin avor 6 opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
tt
e r orrt(y gc le", 1ji .•'e wi,� i Dyvi S r
Signature:
Additional Signature:
Date: l!
Date:
Printed Name(s): jot) 41
Must be property owner(s) whose name(s) azi printed at top_ Otherwise contact the Planning Department, One fern per properly.
Phone Number (optional): 21 -a2- 114
Case No. Attachment E
ZA13-142 Page 2
Response Form
ZA13-142
Meeting Date: February 6, 2014 at &
Cook, H W
201 E Highland St
Southlake Tx, 76092
A 687 1
PLEASE PROVIDE COMPLE ED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START 3F THE SCHEDULED PUBLIC HEARING.
Being the ow the property so noted above, are hereby
in favor o opposed to undecided about
(c ircle or underline one)
the proposed Zoning C iange and Concept Plan referenced above.
Space for comments regardinj your position:
ell
Signature:
Itl
Additional Signature:
Printed Name(s):
Must be praperty owners) whose name(a) are
Phone Number (optional):
e-c-Ca4zr%� of
contract the Planning
q 4/,2Z -7
Date:
Date:
P@r
Case No. Attachment E
ZA13-142 Page 3
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 18t" 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