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Item 4KCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT January 13, 2015 CASE NO: ZA14-121 PROJECT: Zoning Change & Concept Plan for 1333 and 1363 E. Dove Road EXECUTIVE SUMMARY: Chariot Capital, LLC, is requesting approval of a zoning change and concept plan for two (2) residential lots on approximately 2.3 acres, on property described as Tracts 4A1 and 4A2, F. Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and located at 1333 and 1363 E. Dove Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood # 3. REQUEST DETAILS: The applicant is proposing a zoning change and concept plan for two (2) single- family residential lots on approximately 2.3 acres. The request complies with the Low Density Residential designation in in the 2030 Land Use Plan, which requires a net density of one or fewer dwelling units per acre. The property is currently unplatted. There is an associated 2-lot plat showing application in process under city case number ZA14-122. City sewer is not currently available to the properties, so the lots will be served by on -site sewage facilities (aerobic septic systems). ACTION NEEDED: Consider 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) Revised Concept Plan Review Summary No. 3, dated January 13, 2015 (E) Surrounding Property Owners Map and Responses (F) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Case No. ZA14-121 Dennis Killough (817)748-8072 Lorrie Fletcher (817)748-8069 BACKGROUND INFORMATION APPLICANT/OWNER: Chariot Capital, LLC PROPERTY LOCATION: 1333 and 1363 E. Dove Road PROPERTY DESCRIPTION: Tracts 4A1 and 4A2, F. Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1X Single Family Residential District HISTORY: - The properties were annexed into the City in 1957 and given the "AG" Agricultural District zoning designation. In 2007, the homes and all outbuildings that existed on 1333 E. Dove Rd. and 1363 E. Dove Rd. were demolished. No further construction has occurred. SOUTH LAKE 2030 PLAN: Consolidated Future Land Use Plan The site is designated "Low Density Residential", which specifies single family detached dwellings at a net density of one or fewer dwelling units per acre. The proposed residential development is consistent with this designation. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows E. Dove Rd. to be a 2- lane 88 foot undivided arterial roadway. Adequate right of way is shown to be dedicated on the plans. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan show a planned bikeway along the south side of E. Dove Rd. and existing 8' sidewalk along the north side. The applicant has shown a minimum 4' sidewalk proposed along the two (2) subject lots. TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The development shows driveway access onto E. Dove Rd. which is a 2- lane 88 foot undivided arterial roadway. WATER & SEWER: The properties will be served by an existing 12" water line along E. Dove Rd. Currently, the nearest sewer line is an 18" to the west along Lonesome Dove Rd. The applicant is proposing the use of aerobic septic systems until city sewer becomes available. TREE PRESERVATION: The Tree Preservation Plan shows that there is approximately 25.4% of existing tree canopy. The Tree Preservation Ordinance No. 585-D requires Case No. Attachment A ZA14-121 Page 1 a minimum of 60% of the existing canopy to be preserved. The applicant is proposing to preserve approximately 87.3% of the existing tree cover. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for this project was not held. P&Z ACTION: January 8, 2015; Approved (6-0) subject to concept plan review summary # 3, dated December 31, 2014, and the staff report dated January 2, 2015. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 3, dated January 13, 2014. Case No. Attachment A ZA14-121 Page 2 Vicinity Map 1333 & 1336 E. Dove Road N n Q W ato7 n N O A N O pp w V N N o O N V En 0 O W [I n Z N O Y A W CV tj 1400 1450 � 0 1350 E ERA D CIR 1490 w m 1 1291 1301 1 1 1 1 1401 1451 1 N 0 � 1160 1170 119D 1200 1 CA �24Q 1151 1211 1311 2175 98g5 FapT 0 01024028 7 14, IELD CT 1 D25 1029 m o ray � d v 2100 tt o 0 o p asoa 0 2104 1017 N a O O p zloo 1201 1205 1207 171) 1018 tl] r R 2012 r r� m inn R � 1312 Golden Gate Dr Case No. ZA14-121 o � m �y N � O � O A � � 4 Cn ry 124 CI ZA14-121 Zoning Change and Concept Plan 4�'1611AG -Agricultural to ifs SF-1A Single Family Residential (min 1 acre) 0 405 010 1,620 Feet Attachment B Page 1 CONCEPT PLAN M JJ a.�ON 8g e�O�n �yA wl l- 2 y i2 MIN Pi �aa2. ox awB w 9 0151'26' 11 S m--0"d=K n yO ' e RO.W. 6. P� D hPz !Z 2 - . ., `% I R ORA Eau Y w y E b li lb h 71ae qae m uw vm.b d ts.n xm. uvld ona ue na b R+ad xa2 pxy.: tt M b tle mprnw�ry a m. wuar/e.�r m Aly etl Rk AeiR�llnv, AiSnq a e:A.�:� Ma• m eM Case No. Attachment C ZA14-121 Page 1 Case No.: ZA14-121 REVISED CONCEPT PLAN REVIEW SUMMARY Review No.: Three Project Name: Lots 42 & 43, Francis Throop No. 1511 Addition APPLICANT: Chariot Capital, LLC Anil Kilaru 1431 Greenway Drive, Suite 750 Irving, TX 75038 Phone: (214) 507-7593 Email: anilkilaru@hotmail.com Owner: Same Date of Review: 01/13/2015 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/13/15 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 APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner I Phone: (817) 748-8069 Email: Ifletchera-ci.southlake.tx.us All Planning Department comments have been addressed. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartina-ci.south lake.tx.us TREE CONSERVATION COMMENTS: Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Public Works/Engineering Review Om Gharty Chhetri, P.E., CFM Civil Engineer Phone: (817) 748-8089 Case No. Attachment D ZA14-121 Page 1 E-mail: ochhetria-ci.southlake.tx.us Driveway access points under review. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements(a)ci.south lake.tx.us GENERAL COMMENTS: Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2012 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. Community Services Review Peter Kao Construction Manager Phone: (817) 748-8607 E-mail: pkaoa-ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Two lots are being platted. One lot has an existing house and is exempt from park fee assessment. Second lot did not have an existing house and must be assessed a park fee. If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of $3000 per dwelling unit x 1 new dwelling units= $3000.00 will be required. Fees will be collected with the approved developer's agreement. General Informational Comments Staff strongly recommends contacting Pilar Schank in the City Manager's Office to determine if a SPIN meeting would be beneficial to your application. Pilar can be contacted by phone at (817) 748-8006 or by e-mail at pschank(a)ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. All fencing must comply with standards set forth in Section 39 of Zoning Ordinance No. 480, as amended. Click link for more information: Case No. Attachment D ZA14-121 Page 2 https://www.municode.com/library/#!/tx/southlake/codes/development ordinances?nodeld=Sectio n%2039%20-%20Screening All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. All development must comply with the proposed SF-1A Single Family Residential District regulations. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment D ZA14-121 Page 3 SURROUNDING PROPERTY OWNERS 1240 v 1400 1450 NF135c, E ERA D CIR 1490 1231 12611 1291 1 1301 1 1351 1 1391 1 1401 1 1451 T 1491 .11160 11170 11190 1 1200 1151 111791 1211 1 11311 l9 N 2106 r 2104 0172100 1016 2012 m 0 1395� 2175 1. Owner Muzaffar, Chaudhry Eluxchazia Zoning T1-A Physical Address 1220 EDOVE RD Acreage 1.17 Response NR 2. Meyer, Jacqueline dux Mark 9F1-A 1200 EDOVE RD 1.05 F 3. White, Marjorie Thomas AG 1311 EDOVERD 1.24 NR 4. Chariot Capital Uc AG 1333 EDOVE RD 1.44 NR 5. Stiborek, BJ AG 1407 EDOVE RD 0.97 NR 6. RAckel, SBan M Etux L H .brgen T1-A 1204 GOLDEN GATE DR 1.01 NR 7. Hayes, Timothy Furman T1-A 1208 GOLDEN GATE DR 1.00 NR 8. Budzowski, Fred R& Elizabeth T1-A 1231 EMERALDOR 1.07 NR 9. Browning, Daniel EtuxMargaret T1-A 1261 EMERALDOR 0.96 NR 10. Butler, FbbertAEtuxAliceL T1-A 1291 EMERALDOR 1.09 NR 11. 0iver,Garry Lee EluxRima T1-A 1301 EMERALDOR 1.01 NR 12. Awesome Auto Crushing AG 1211 E DOVE RD 3.97 NR 13. Tan, Guan Chuan Et ux May Dai T1-A 1206 GOLDEN GATE DR 0.99 NR 14. Current Owner T1-A 1415 EDOVE RD 1.10 NR 15. Hendrickson, Brett Etux Christ T1-A 1300 GOLDEN GATE DR 1.02 NR 16. Patel, Indravadan Etux Binita S=1-A 1304 GOLDEN GATE DR 1.04 NR 17. Chariot Capital Uc AG 1363 EDOVE RD 0.83 NR 18. Radacl , Jeffrey M dux J I l A rAG 1395 E DOVE RD 1.10 F 19. .bhnston, Holly Etvir Matthew T1-A 1240 EDOVE RD 1.11 NR 20. Kane, Nancy R T1-A 1308 GOLDEN GATE DR 1.00 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty (20) Responses Received: Two (2) - in favor; see attached Case No. Attachment E ZA14-121 Page 1 Notification Response Form ZA14-121 Meeting Date: January 8, 2015 at 6:30 PM Meyer, Jacqueline Etux Mark 1200 E Dove Rd Southlake Tx Southlake Tx 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 =favoropposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: 0�� Date: Additional Signature: �— Date: k h y Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): yG 9 / ys-� _-- Case No. Attachment E ZA14-121 Page 2 Jaffrey Radack 2144847289 P.1 (Notification Response Form ZA14-121 Meeting Date: January 8, 2015 at 6.30 PM Radack, Jeffrey M Etux Jill A 1395 E Dove Rd Sovthlake Tx Southlake Tx 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 a opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: t Date: Additional Signature: 4ckciDate:l Printed Name(s): .rk Must he property owner(s) whose names) are printedat t p. Otherwise contact the Planning department. One form per property, Phone Number (optional): Case No. Attachment E ZA14-121 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-689 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 4A1 AND 4A2, F. THROOP SURVEY, ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.5 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 District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA14-121 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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 Case No. Attachment F ZA14-121 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 Case No. Attachment F ZA14-121 Page 3 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 4A1 and 4A2, F. Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 2.5 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 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; Case No. Attachment F ZA14-121 Page 4 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. Case No. Attachment F ZA14-121 Page 5 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 day of , 2015. MAYOR Case No. Attachment F ZA14-121 Page 6 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2►,d reading the day of , 2015. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-121 Page 7 EXHIBIT "A" Being described as Tracts 4A1 and 4A2, F. Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 2.5, and more fully and completely described below: Case No. Attachment F ZA14-121 Page 8 *AV II11.11 M 1.2 Reserved for approved Concept Plan Case No. Attachment F ZA14-121 Page 9