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Item 6D13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 27, 2014 CASE NO: ZA14-089 PROJECT: Zoning Change and Concept Plan for a Portion Lot 6, Block 1 Meadowmere Addition EXECUTIVE SUMMARY: Hat Creek Development is requesting approval of a Zoning Change and Concept Plan from "AG" Agricultural District to "SF-30" Single Family Residential District for a portion of Lot 6, Block 1 Meadowmere Addition for one (1) existing residential lot on .847 acres. SPIN Neighborhood #4 DETAILS: Hat Creek Development is requesting approval of a Zoning Change and Concept Plan from "AG" Agricultural District to "SF-30" Single Family Residential District for a portion of Lot 6, Block 1 Meadowmere Addition. The site is located 1860 N. Kimball Road and currently consists of one (1) residence on a platted lot. The original request was for a Zoning Change and Concept Plan from "AG" Agricultural District to "SF-20A" Single Family Residential District. The applicant has agreed to amend the zoning change request to "SF- 30" Single Family Residential District. ACTION NEEDED ATTACHMENTS Case No. ZA14-089 This proposal is associated with the Zoning Change and Development Plan for the proposed Torian Place under Planning Case ZA14-088. A portion of the lot will be incorporated into the Torian Place development. Upon approval for the Zoning Change and Concept Plan, a plat revision will be executed for the property. The opposition from surrounding property owners within 200 feet is in excess of 20%. Accordingly, the City's Zoning Ordinance requires a supermajority vote of the City Council (3/4 of all members of City Council) to approve this zoning request. The opposition is currently at approximately 39%. 1) Conduct Public Hearing 2) Consider Zoning Change & Concept Plan Approval Request (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Concept Plan Review Summary No. 1, dated August 1, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-677 (G) Full Size Plans (for Commissioners and Council members only) STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. ZA14-089 OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: PROPOSED LAND USE: CURRENT ZONING: REQUESTED ZONING: HISTORY: CITIZEN INPUT: SOUTHLAKE 2030: TREE PRESERVATION: UTILITIES: Case No. ZA14-089 BACKGROUND INFORMATION Michael P. and Sara Neustadt Savannah Court Partners 1860 N. Kimball Avenue A portion of Lot 6, Block 1, Meadowmere Addition, City of Southlake, Tarrant County, Texas Medium Density Residential Medium Density Residential AG" Agricultural District "SF-20A" Single Family Residential District April 1985; a plat showing for the property was processed. A SPIN (SPIN #4) meeting was held May 27, 2014 and the SPIN report is located in Attachment `C'. Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property Medium Density Residential. The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. This development is consistent with the future land use designation. nor s eocx 1 meaoowmere nu cm�on Pathways Master Plan Sidewalks along Torian Lane will be constructed with this development. No trees are proposed to be removed with this request. Water The site has access to an existing 8-inch water line along N. Kimball Avenue. Sewer The property currently does not have access to sewer line. Attachment A Page 1 PLANNING AND ZONING COMMISSION: August 7, 2014; Approved (3-1 with Commissioner McCaskill dissenting) as shown, according to the Staff Report dated August 1, 2014; and with a change in the zoning from "AG" Agricultural District to "SF-20A" Single Family Residential District. CITY COUNCIL: August 19, 2014; Approved (6-1) the 1" reading for Ordinance No. 480- 677 (ZA14-089), Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition subject to Concept Plan Review Summary No. 1 dated July 31, 2014 with "SF-30" zoning. STAFF COMMENTS: Attached is the Zoning Change and Concept Plan Review Summary No. 1, dated August 1, 2014. The opposition from surrounding property owners within 200 feet is in excess of 20%. Accordingly, the City's Zoning Ordinance requires a supermajority vote of the City Council (3/4 of all members of City Council) to approve this zoning request. The opposition is currently at approximately 39%. WCommunity DevelopmentWEMO12014 Cases1089 -ZCP- Meadowmere Addition Lot 6 Block 1 Case No. Attachment A ZA14-089 Page 2 o= 4 4 � r6l Vicinity flap Meadowmere Addition Lot G , Block 1 0 0 O 2160 m m � 2152 2148 a m o 2140 2136 z 4 OI z 2132 Q o Fk� m O 2123 211 8 2010 ZA14-089 n Zoning and Concept Plan 0 125 250 500 Feet Case No. Attachment B ZA14-089 Page 1 Case No. ZA14-089 Plans and Support Information Proposed Concept Plan xy3 y r --- --- --- _ 1' N 0 Ana �I --TO I — :d�� 001 N B '13 m o s � x E c u m � G m J J � N L � � _ U p m 69'901 � V) $ o O. Z o wtibry d e # � o :YZ'OE A%19 9 gg o o n A sC a N v4i c c v b WN Q ��7 $dp ^9 AS FF4 U a p ti:f i tg J $ E Jf a5 T_ x� tl A)ROW Z C5o o'P �Qo llvBrvlN ,WZ � �j .r YE- v_ E -*2e� 14 V A wivmrrx�.-^� dtY sa Attachment C Page 1 USOUTHLAKE SPIN MEETING REPORT CASE NO. ZA14-040 PROJECT NAME: Torian Place SPIN DISTRICT: SPIN # 4 MEETING DATE: May 27, 2014; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX City Council Chambers TOTAL ATTENDANCE: Fifteen (15) • SPIN REPRESENTATIVE(S) PRESENT: Randy Robbins, Place 3; Craig Rothmeier, Place 2; David Alexander, Place 5; Bobbie Heller, Place 6; and Monique Schill, Place 7 • APPLICANT(S) PRESENTING: Koss Maykus, Hat Creek Development • STAFF PRESENT: Patty Moos, Planner I STAFF CONTACT: Patty Moos, Planner I: (817)748-8269 or pmoos ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at the northwest intersection of E. Dove Road and N. Kimball Avenue Development Details: • Platted subdivision • '/2 acre lots • 15 lots • Wooded tract • Owned by the developer • SF-20A land use regulations • Roads and utilities will be constructed • Plan to move forward to P&Z Commission in a few weeks • Development to start as soon as City Council approves the project. Case No. Attachment C ZA14-089 Page 2 Presented at SPIN: Torian Place Future Land Use Plan Law Density Site Location Low Density Residential Medium Density Residential city of southlake ��m."'`r ,� —ram R�BF � 41W.^ r City of Grapevine J Torian Place .............. .............. Master Plan Case No. ZA14-089 �1 High Density Residential Master Plan Aerial Attachment C Page 3 Master Plan Concept QUESTIONS / CONCERNS: • Will there be septic to the project? o Yes. It will tie into existing dry sewer lines to the west and will need to put in a lift station in the northwest corner as part of the project. • How many acres is the site? o 8 '/2 - 9 acres • Is there a plan to extend the street beyond the cul-de-sac? o No • Is the property within the 100 year flood plain? o No, the flood plain is located north of the site • Will you put in the infrastructure of the sewer main? o Yes, the sewer main line will tie into the northwest corner of Lot 8 and will add 65 lots to the sewer main. • One resident asked if he could tie into the sewer line from his adjacent property. o Kosse Maykus said he would work with the resident to connect him to the sewer. • What are the building line setbacks for the lots? 0 35' min. rear, 15' min. sideyard, and 30' min. front yard. 0 3,500 sf living area required Case No. ZA14-089 Attachment C Page 4 o 4-5,500 sf homes • Custom built homes? o Yes. • Where direction does the drainage go on the east properties? o The drainage will drain along the rear east property line then drain to the north. • What is the price range for the houses? o $750,000 to $1,000,000 plus. • Will there be fences? o Yes. New fences will be installed- 8 ft. stained cedar wood fences on metal posts. Fence posts will be boxed out on the post side. Fences facing streets will be wrought iron. • Will a water line be installed? o Yes, not sure on the size. • What will be the street material? o The streets will be concrete with concrete curbs. • Are you going to remove all the trees with the grading? o No, will try to preserve as many trees as possible. • What are the lot prices? o $250,000 - $300,000 • Is there going to be an entry feature? o No walls or main features with this development. • How close is the storage building to the nearest lot. o One foot to the property line. The building pad will be elevated 5 feet and will talk to owner to work out the details. • What is the zoning for the property? o The zoning plan shows medium density residential for 6 '/2 acre lots and agricultural for the rest. The Future Land Use Plan shows the lots as medium density residential. The property will be in compliance with this designation. The property currently zoned for 12 lots. Presentation ended: 6:55 pm SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. ZA14-089 Attachment C Page 5 ZONING CHANGE AND CONCEPT PLAN REVIEW SUMMARY Case No.: ZA14-089 Review No.: One Date of Review: 8/1/14 Project Name: Torian Place APPLICANT: Savannah Court Partnership Kosse Maykus P.O. Box 92747 Southlake, TX 76092 Phone: 817-329-3111 Email: Owner: Mike Neustadt 1860 N. Kimball Avenue Southlake, TX 76092 Phone: Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/28/14 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 THE —,"PROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos ci.southlake.tx.us Preliminary Review: 1. Place the City case number "ZA14-089" in the lower right corner of each sheet. 2. Label all adjacent properties within 200' to include properties across any adjacent R.O.W. 3. Show and label any existing structures and fencing and note whether they are to be removed or to remain. 4. Label the width of the N. Kimball Avenue R.O.W. 5. Provide the number for the gross acres in the title block. 6. An 8 '/2" x 11" metes and bounds description is required for the Zoning Concept Plan boundary. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Case No. Attachment D ZA14-089 Page 1 The Concept Plan is being sought so a Tree Conservation Plan is required to be submitted. Please submit the required Tree Conservation Plan containing the following information. Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type V. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development X. Areas of encroachment into Critical Environmental Features identified on the site A. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property Public Works/Engineering Review Steve Anderson, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: sandersona-ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Provide preliminary water, sewer, drainage and grading plans for this development. 3. Label proposed right of way for the proposed street. 4. Label radius of proposed cul-de-sac. Minimum radius for a cul-de-sac is 60'. 5. Show proposed sidewalks on the plans. Case No. ZA14-089 Attachment D Page 2 6. Right of way for residential streets are 50' with curb and gutter section equal to 31' B/B. Bar ditches are not allowed per Ordinance No. 312. Provide a letter if requesting a variance. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. The following note shall be added to the 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. 3. A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. 4. Civil construction plans shall include plan sheets for pre -construction, post -construction and permanent erosion control measures and stabilization. Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER COMMENTS: 5. Minimum size for water lines is 8". 6. Single family residential developments require fire hydrant spacing of 400' maximum for non - sprinkled residences or 600' for sprinkled residences. Water lines cannot cross property lines without being in an easement or right of way. Water meters and fire hydrants shall be located in an easement or right of way. Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: 7. Minimum size for sanitary sewer is 8". Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. Case No. ZA14-089 Attachment D Page 3 8. Proposed sanitary sewer shall be located in parkway - not under pavement, except for crossings. 9. Indicate lift station location on preliminary utility plan. Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Submit preliminary drainage plan with drainage arrows and preliminary calculations. 2. Provide grading plan containing 2' contours. Contours may be obtained from the City of Southlake. 3. Limits of 100- year floodplain shall be shown and contained within a dedicated drainage easement. 4. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 2, 10 and 100- year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. 5. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must be installed outside the edge of pavement. Ordinance #605 defines easement requirements for storm sewer: 30" RCP and under - 15' easement 42" — 54" RCP - 20' easement 60" — 66" RCP - 25' easement 72" — 102" RCP - 30' easement Over 102" RCP — 3.5 times diameter 6. Verify size, shape, and/or location of the detention pond (as depicted on the site/concept/development plan). Any changes to size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. Calculations will be required to verify capacity of proposed curb inlets. Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. 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 Case No. ZA14-089 Attachment D Page 4 * Submit with Civil Construction Plans * A right of way 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 Agreement may 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. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. General Informational Comments The City of Southlake recommends meeting with the adjacent property owners regarding this project prior to the Planning and Zoning Commission meeting. 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 meeting the requirements for the underlying zoning district and subdivision ordinance, must be processed and filed in the County Plat Records, a fully corrected site plan, landscape 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. ZA14-089 Attachment D Page 5 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Concept Plan for a portion of Lot 6, Block 1 Meadowmere Addition It C�' M V � O N 2 60 P�0-? t28 0 rn 0 o 2140 N 21 Z J Q p� Z ~ 1 213 Q o o 00 PO• Owner Name Zoning AddressResponse Savannah Court Partnership Llc AG 2160 E DOVE RD 0.44 NR 1 Neustadt, Michael P Etux Sara AG 1860 N KIMBALL AVE 1.12 NR 2 Savannah Court Partnership AG 1840 N KIMBALL AVE 0.47 NR 3 Halley, Richard T Etux Charlen SF30 1820 N KIMBALL AVE 1.07 O 4 Savannah Court Partnership Llc SF1-A 2140 E DOVE RD 0.53 NR 5 Savannah Court Partnership AG 2136 E DOVE RD 0.46 NR 6 Strait, Lester James AG 1890 N KIMBALL AVE 0.58 O 7. Strait, Lester J AG 1904 N KIMBALL AVE 0.49 O 8 Savannah Court Partnership Llc AG 2152 E DOVE RD 0.50 NR 9 Savannah Court Partnership Llc AG 2148 E DOVE RD 0.50 NR 10. Strait, Lester James SF1-A 1900 N KIMBALL AVE 1.50 O 11. Superintendent of Carroll ISD NR 12 Case No. Attachment E ZA14-089 Page 1 Superintendent of Grapevine 13. Colleyville ISD NR 14. Superintendent of Northwest ISD NR 15. Superintendent of Keller ISD NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eleven (11) Responses Received: In Favor: 0 No Response: 8 Opposed: 2 Case No. Attachment E ZA14-089 Page 2 °Aug 01 1412:32p Richard Halley Notification Response Form ZA14-089 Meeting Date: August 7, 2014 at 6:30 PM Haney, Richard T Etux Charien 1820 N Kimball Ave Southlake Tx76092 817-251-3252 p.1 c3k%wt quesdom wild xWW ORKWom tw. Pbm**$ i4kli UWn St SU 310 S.at,� TX 7 Phone:1rHV40- 1 Fan,: (817)74&W7 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: f am opposed to the rezoning from "AG' to "SF-20A". I would prefer the rezoning should be rrom "AG" to "SF-30A'_ ftwould appear that the area of the property is between 30.000 sq. tt. and one acre - thus warranting the "SF-30A" zoning. Properties on N. Kimball Ave. (1 to the north and 2 to the south) have been zoned "SF-30A" - meaning that the rezoning to "SF30A" is in line with other properties on N_ Kimball Ave. Signature - Additional Signature: Date: 0=112014 Date: Printed Name(s): Richard Halley Must isa property owner's) whose "amejs are printed at taF- i�fhe wisr.:onfart the ? ar�ircg ilrnadmrnt poc som per pmperty. Phone Number (optional): a17,91-,a5a3 Case No. Attachment E ZA14-089 Page 3 Aug Ob14U/;4ba Strait Financial 8174216377 Notification Response Form ZA1 4-089 Meeting Date: August 7, 2014 at 5:30 PM bl..e o i IL d e, Te/r N . !6 u . oz-6c-K-s /L6 P4 Southlake Tx76092 p.4 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): -. � � 14 Must be property owner(s) whose names) are printed at top. C Phone Number (optional): Case No. ca.itact the Planning Date: � l / Date: One torn per property. Attachment E ZA14-089 Page 4 Aug 06 14 OT44a Strait Financial 8174215377 Notification Response Form ZA 14-089 Meeting Date: August 7, 2014 at 6:30 PM Southlake Tx76092 P.2 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 Eo:p:p�-2-o--jundecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: L Signature: Additional Signature: Printed Name(s): _ Must be property owner(s) whose are printed at tap. Otherwise contact Phone Number (gptional): Case No. 6Date� / l '/- r Date: Department. One form per property. Attachment E ZA14-089 Page 5 MUW Vu r9 Vt.,+$tl IDLWIL rlrltimmm 01/94 1O171I i1.0 Notification Response Form ZA14-089 Meeting Date: August 7, 2014 at 6:30 PM j6S.iY C/Lf�GS�tl6 �Q. Southlake Tx76092 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 epos undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: z Z.��_6 Date:'/ /- Additional Signature: T� Date: Printed Name(s): Mist be property ownerts) whose name(s) are painted at top. Otherwise rontad the Planning Department. one form por propwlj• Phone Number (optional): Case No. Attachment E ZA14-089 Page 6 Aug 0614 07:46a Strait Financial 8174216377 Notification Response Form ZA14-089 Meeting Date: August 7, 2014 at 6:30 PM .; r.?td501; WjXt)-v,4 rG�9 t�Ecrs�v� �, Southiake Tx76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of apposed to undecided about (circle or underline one; the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: F Signature: Additional Signature: _ Printed Name(s): l Date: Date: Must be property owner(s) whose nama(s) am printed at top. Othorw ee contact the Planning Department. Una term per property. Phone Number (optional): c�/Z Case No. Attachment E ZA14-089 Page 7 Aug 06 14 0 3:30p Strait Financial 8174216377 P.5 Notification Response Form ZA14-W9 Meeting Date: August 7, 2014 at 6:30 PM Strait, Lester James 1900 N Kimball Ave Southlake Tx76092 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: e"c-d L: d. • • JG LE-�Tt Signature: Date: 9-b-lf Additional Signature: Date: Printed Name(s): 1,4t!�6Eg 17— Must be property owners) whose names) are printed at top. 01herwise contact the Planning Department. One form per property. Phone Number (optional): 29�f7- Case No. Attachment E ZA14-089 Page 8 Aug 06 14 03:31 p St-ait Financial 8174216377 p.6 lesterl. Stre,t 1900 11, Kimball Southlake, TY 76092 August 6, 2U14 Planning and Zoning Comrnissior City of Scuthlake Fax 817-74"621 AF: 7P,'-4•085, 7.A14-089 Dear ivlemoers of the Planning and Zoning clommissior., I nave lived at 1900 N. Kimball for over 30 years. This nroposai aifecta neighborhood that is boundtri by onthe south by Dove and the Last by Kimball. In th s area I've counted 5 homes that sit on ,ess than a one acre lots. Thew all appear tc have been built about 4C years ago. Since then, 67 more homes have been built on one acre or larger lots. i believe most anyone in the neighborhood Kapp ly expected 1 acre lots would be the rule forTorian Lane_ This land is zoned AG. because of what could o-ily be called an obvious error, this area surrounded by homes with Z acre plots is set as med.um density. it is now irresponsible to compound this first mistake, make the lots even smaller than they are now and place 15 homes on what is now only 10 lots. The and is beautiful. It is heavily wooded and steeply sloped. It has a creektbat runs dow:t the rnicicle. that as proposed would become a paved street. By the develcaer's notes on his own plans, extensive grading is needed to make pads for the homes to be built_ because or" drainage issues from a large Grapevine housing project, Joe Wright laid 2 culverts under Kimball that drain into :his land_ The great majority of the surrounding properties also drain into this property. If developed as proposed, the land wil! be scraped, leaving little to slow this torrent. I am concerned for the land owners at the end of this rush of watts. I am concerned about a child being caught up in -he raold runoff that would rush down Torian I an e. The small lots only work to increase this problem. fhis proposal calls for common open space. Please note how much of this is simoly a 15 foot wide butter for the nelghbo-s on the south. One strip is 212 feet by 15 ftet. This is not important and for the people that will move into these homes. i do not bel':eve such open space is within the intent of a PUD. ,Southiake has a ,ong history of protecting a reasonable lot size. The council's insistence upon this was recently reaffirmed in the Shady LN neighborhood where a developer was trying to adc extra lots to a development. The council by a 7 0 vote on August 5`' sent a strong voice in support of protecting our neighborhoods. We d:) not need to settle for a proposal that would shoe- horn 2.25 homes per acre and 15 lots where there arc now 10 lots. Please protect the teauty and value of our neighborlhoed. Case No. Attachment E ZA14-089 Page 9 A•.ig 0614 G3 31 p St-ait Financial 8174216377 p.7 have two other issues mcre specific to me. The north end of this proposal includes prcperty that is mine. 1 have not sold it and will rot grje a un. For over 30years rmy property has a simple gate un it that allows access to Torian Lane. This keeps my property from being landlocked. Equipment has come dawn tha; road to service my property. I have driven my truck down that road. My children have walked that road. Torian Lane is a road. It serves my property. Torian Lane is not simply laying therefor a specuiator to claim it as his. The council has a history of not causing property to become land locked. •. ask that you also protect my right to access my property, Thank you =or your time and assistance. Sincerely, Lester J. Strait Case No. Attachment E ZA14-089 Page 10 Notification Response Form ZA14-089 Meeting Date: August 7, 2014 at 6:30 PM Southlake Tx76092 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: r ac— Or s J t-o C_ 2�r_+r�n. r Pke r e- +. ; ca� v'qc -�; i C ; c�e,,.� P�'���i �r r-• s Signature: Additional Signature: Date: & 16 `' I Date: Printed Name(s): C4ir t`s . I its d 'A.st be prope-ty owner(s) whose name(s) are printed at top. Other:dse cortac, the r a:i-iirg Qeparmant One fcrm per property Phone Number (optional): Case No. Attachment E ZA14-089 Page 11 Aug 0714 07;07a Strait Financial 8174216377 Notification Response Form ZA 14-089 Meeting Date: August 7, 2014 at 6:30 PM IKovo�.e ky 34�E: Southlake Tx76092 p.3 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 Signatdre: Date: NVA, I Date: Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact t e Planning Department. One Phone Number (optional): �al 2-Z80 6 7, 5"6 Case No. per property. Attachment E ZA14-089 Page 12 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-677 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.12 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT" TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as a portion of Lot 6, Block 1, Meadowmere Addition, an addition to the City of Southlake, Tarrant County, Texas , being approximately 1.12 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" Single Family Residential District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 19t" day of August, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 2nd day of September, 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: WNmmIl 1.111 V-Al RESERVED FOR METES AND BOUNDS DESCRIPTION WNIIl 1.11m1.1 RESERVED FOR APPROVED DEVELOPMENT PLAN