Loading...
Item 6ACITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT March 9, 2015 CASE NO: ZA15-007 PROJECT: Zoning Change and Development Plan for 3010 Burney Lane W:/xd1j111VM SUMMARY: On behalf of Patti and Tom Del Valle, Brian McDonald with Archiverde, LLC is requesting 2nd reading approval of a Zoning Change and Development Plan for 3000 and 3010 Burney Ln. on property described as Lots 1 R and 2R, R. D. Price No. 1207 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 3000 and 3010 Burney Ln. Current Zoning: "R-PUD" Residential Planned Unit Development District. Requested Zoning: "R-PUD" Residential Planned Unit Development District. SPIN Neighborhood # 2. REQUEST DETAILS: The applicant is requesting 2nd reading approval of a Zoning Change and Development Plan to amend the current R-PUD zoning for 3000 and 3010 Burney Ln. The requested changes to the R-PUD zoning are to modify the footprint of the buildable area and to revise the Tree Conservation Plan and the R-PUD regulations for Lot 1 R located at 3010 Burney Ln. The proposed changed to the R-PUD zoning are summarized in the chart below: Approved R-PUD Proposed R-PUD Buildable area on 10,633 square feet 10,600 square feet Lot 1 R Maximum height 45' 3 stories and 45' All trees within the property shall All trees within the property shall be saved be saved except those located in except those located in the designated building Tree Preservation the designated building pad, driveways, proposed accessory pad, driveways, proposed accessory structures/uses, and a 20' buffer structures/uses, future irrigation pond and a from said areas. 20' buffer from said areas. Disturbance of areas within the tree Disturbance of areas within the preservation easements shall be limited to Tree Preservation tree preservation easements small foot paths, drainage improvements, and Easements shall be limited to small foot wrought iron fencing which does not paths, drainage improvements. impede water flow or require removal of protected trees. Case No. ZA15-007 Fencing height 5' 67 Fencing shall not exceed the Fencing shall not exceed the area depicted on area depicted on the the development plan and shall enclose the Development Plan, shall not backyard/pool area, and shall not require infringe upon the Tree removal of trees greater than 4" in Fencing location Preservation Easement, and diameter. Fe.,ring shall not infringe upon the fencing for enclosure of the Tree Preservation Easew,e^+. Fencing may backyard/ pool area shall not be located on the property line where require removal of trees greater applicable and shall not impede natural than 4" in diameter. drainage flow. No changes to the existing R-PUD zoning on the southern lot (Lot 2R) in the R-PUD development at 3000 Burney Ln. are proposed. Unless otherwise noted, all previous conditions of approval remain in effect. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Revised Development Plan Review Summary No. 2, dated February 24, 2015 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-510B (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA15-007 BACKGROUND INFORMATION APPLICANT: Brian McDonald with Archiverde,LLC PROPERTY SITUATION: 3000, and 3010 Burney Lane LEGAL DESCRIPTION: Lots 1 R & 2R, R.D. Price No. 1207 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "R-PUD" Residential Planned Unit Development REQUESTED ZONING: "R-PUD" Residential Planned Unit Development HISTORY: June 16, 1992; City Council approved (7-0) a plat for the southernmost portion of this request (Case ZA92-022). That plat was never recorded with Tarrant County Clerk. July 7, 1992; City Council approved (4-0) Ordinance No. 480-71, Case ZA92- 021, changing the zoning on Tract 7, Rees D. Price Survey, Abstract No. 1207 from "AG" Agricultural District to "SF-1A" Single Family Residential District. January 16, 2007; City Council approved Ordinance No. 480-510, Case ZA06- 042, Zoning Change & Development Plan for 4.03 acres. October 16, 2007; City Council approved a Plat Showing for two lots (Case ZA07-116) December 3, 2007; a Plat Showing for two (2) lots was filed in the Plat Records of Tarrant County Texas. June 16, 2009; City Council approved a Zoning Change & Development Plan (ZA09-013) from "SF-1A" Single Family Residential and "R-PUD" Residential Planned Unit Development to "R-PUD" Residential Planned Unit Development for the development of two (2) residential lots on approximately 5.05 acres located at 2988, 3000, and 3010 Burney Ln. The request amended the boundary of the existing "R-PUD" zoning district, which allowed for two (2) residential lots on 4.03 acres, to incorporate into the PUD another 1.02 acres adjacent to the south. Three (3) lots were reduced to two (2) lots by this zoning change. June 16, 2009; City Council approved a Plat Revision (ZA09-014) forLots1R and 2R, R. D. Price No. 1207 Addition and the plat was filed August 10, 2009. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan does not make any recommendations for roadways adjacent to the proposed subdivision. Existing Area Road Network and Conditions Case No. Attachment A ZA15-007 Page 1 The property has access onto Burney Lane through an existing private access easement on an adjacent property. Currently, Burney Lane is a 2-lane, undivided residential roadway. No plans for improvement in the near future have been made for Burney Lane. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not make any recommendations adjacent to the site. WATER & SEWER: The site will be serviced by an 8" water line in Burney Lane through an existing utility and common access easement. No wastewater facilities are available to this property. As such, each lot will have an On -Site Sewage Facility (OSSF). DRAINAGE ANALYSIS: The property drains onto the Corps of Engineers property for Lake Grapevine. Should a grading plan presented at the building permit stage show potential for creating an adverse impact on adjacent properties, a drainage swale or other drainage improvements may be required by staff to be located on the southernmost property line. TREE PRESERVATION: The existing and proposed R-PUD regulations call for 29% of the total area of both lots combined to be in Tree Preservation Easements. No changes to the existing Tree Preservation Easements are proposed. The applicant is also proposing that trees be allowed to be removed in the area of a future irrigation pond in addition to the designated building pad, driveways, proposed accessory structures/uses, and a 20' buffer from said areas as was allowed in the previously approved R-PUD zoning. PLANNING AND ZONING COMMISSION ACTION: February 19, 2015; Approved (4-0) subject to Revised Development Plan Review Summary No. 2, dated February 19, 2015, subject to the staff report dated February 19, 2015. CITY COUNCIL ACTION: March 3, 2015; Approved (7-0) noting the modifications to the footprint of the building area and the revised Tree Conservation Plan and including the staff report dated February 24, 2015. STAFF COMMENTS: Attached is Revised Development Plan Review Summary No. 2, dated February 24, 2015. The motions for approval of the existing Zoning Change and Development Plan that was approved by City Council at 2nd reading on June 16, 2009 are below. Planning and Zoning Commission: May 21, 2009; Approved (5-0) noting that Letter `A' of Development Regulations will be returned to the original R-PUD height limitation of forty-five feet (45') while allowing the applicant the opportunity to construct an observation tower not to exceed 300 square feet whose roof height shall not exceed fifty -feet (50') in height measured at the roof's ridge; subject to Staff Review Summary No. 2, dated May 15, 2009. City Council: June 2, 2009; Approved at 1st reading (4-3) subject to the applicant's Case No. Attachment A ZA15-007 Page 2 representations tonight; accepting the applicant's agreement to review the adjustment of the septic fields and moving them closer to the home; accepting the applicant's willingness to look at areas where the building envelope can be reduced; applicant to look at areas where the tree preservation areas can be expanded and will submit those to staff in advance of the next meeting allowing sufficient time for those documents to be reviewed by staff who will complete a comparison of this layout versus two lots; accepting the applicant's commitment that if the pool is drained, they will consult with the City's environmental coordinator to ensure that any discharge will meet City ordinance and State requirements and will also get back to City Council on the requirements with respect to the pool backwash to determine how that will be handled; accepting the applicant's commitment that the placement of fencing would not be cause for the removal of trees and he will review his fencing plan and give Council a revised fencing plan that will pull the fence back from the currently specified tree area and closer to the building envelope; accepting applicant's willingness to review lot coverage which will most likely be less that 14%; and subject to Development Review Summary No. 2, dated May 15, 2009. June 16, 2009; Approved at 2nd Reading (6-0) subject to Development Plan Review Summary No. 3, dated June 10, 2009 adding the additional changes to previously noted changes from applicant; requiring the pool filtration system to be a cartridge -type; allowing no horses or equestrian uses; and subject to staff's presentation tonight. Case No. Attachment A ZA15-007 Page 3 Vicinity Map 3010 Burney Lane Lake Grapev, w o �h 3Sso 1020 1040 3530 coF THOUSAND OAKS- 1060 961 J 3520 3525 w o LO a CO M 3530 3570 3560 BURNEY_LN 3595 0 1085 00 CO M 35gy m O N N N N CD co w� CO � N O G(, o 1080 1090 O a 1060 1p70 Hl--O +AVEN log N 1075 1065 O N M (0 N N W E .1 ❑�� ZA15-007 114 S Zoning Change and r - Development Plan 114 0 400 800 1,600 Feet Case No. Attachment B ZA15-007 Page 1 :Tom ME" 9kiFANM1I1y/4 3010 BURNEY LANE CASE NO. ZA15-007 NARRATIVE: The house and landscape has been sensitively designed with the site as a priority. Taking advantage of the 270 degree views from the pad site, the utility eservices and garage have been located on the southwest side of the lot. Additionally, the placement of the garage on the west side provides a beautiful front house fagade as well as an energy savings from the west sun. With the current PUD plan the room required for the garage backing into the driveway would have extended into the tree preservation zone. The house was therefore shifted approximately 9.5 feet towards the east to allow for the preservation of existing trees as well as creating an additional buffer area between the adjacent neighbor. In addition to requesting a slight shift of the building envelope, we are also requesting a slight modification of the building envelope shape. We think this allows for a more interesting and aesthetically pleasing house that includes protected courtyards and spectacular outdoor spaces. Even with the proposed shift and reconfiguration of the building envelope, the total area including structure, covered porches, pool area, and driveway backup motor court is within the maximum total surface area of the existing PUD. The overall spirit and intent of the design of the house and landscape is to take advantage of the natural beauty of the site, preserve as many trees as possible, and to provide a buffer for privacy between neighbors; while still complying with the parameters of the PUD and in respect of the City of Southlake Development code. Case No. Attachment C ZA15-007 Page 1 I:a 101Il N *eU1 A_l I Is] 0K DEVELOPMENT REGULATIONS Statham -Eddins R-PUD District The Statham -Eddins R-PUD District will adhere to the uses and regulations of Section 11 of Zoning Ordinance No. 480, as amended ("SF-1A" Single -Family Residential District) except for the following changes: Development Regulations — In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed three stories nor shall it exceed 45'. b. Front Yard: The front yard shall be as shown on the approved Development Plan c. Side Yard: Side yards shall be as shown on the approved Development Plan d. Rear Yard: The rear yard shall be as shown on the approved Development Plan e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fourteen percent (14%) of the lot area, including all principal and accessory structures. f. Lot area: The minimum area of a lot shall be eighty-seven thousand nine hundred fifty-one (87,951) square feet. g. Lot Dimensions: Dimensions of lots shall be as shown on the approved Development Plan h. Floor Area: The main residence shall contain a minimum of three thousand (3,000) square feet of floor area. i. Maximum Residential Density: The maximum number of dwelling unit per acre shall be 0.4. j. Accessory Structure Standards shall adhere to the standards as defined in Section 11.5 of Zoning Ordinance No. 480, as amended, except that the sum total of all accessory buildings on the lot shall not exceed 1,000 square feet. k. Tree Preservation — All trees within the property shall be saved except those located in the designated building pad, driveways, proposed accessory structures/uses, future irrigation pond and a 20' buffer from said areas. All attempts will be made to save trees, but some not within the designated Tree Preservation Easements may be removed due to development conditions. I. Tree Preservation Easements — Disturbance of areas within the tree preservation easements shall be limited to small foot paths, drainage improvements, franchise utility installation, and wrought iron fencing which does not impede water flow or require removal of protected trees. Case No. Attachment C ZA15-007 Page 2 m. Access — Due to environmental considerations, all lots shall be permitted to front private access easement rather than a public street and there shall be no sidewalks required. Access shall meet the minimum fire department requirements. Fencing — Fencing shall be restricted to a maximum of six (6) feet unless otherwise mandated by any other city, state, or safety requirements and shall be wrought iron or a powder coating of that style of fence. Said fencing shall not exceed the area depicted on the development plan and shall enclose the backyard/pool area, and shall not require removal of trees greater than 4" in diameter. Fencing may be located on the property line where applicable and shall not impede natural drainage flow. Fencing shall completely enclose the pool area. Fencing for any sport court use shall not exceed fourteen (14) feet in height and shall be of a black- or green - coated chain link type. o. On -Site Sewage Facility (OSSF) — OSSF systems shall be designed so that no septic field is located within the Corps of Engineers Flowage Easement nor shall any aerobic system spray directly into the elevation contour of 574-feet. p. Swimming Pool / Spa — The swimming pool will be designed with a filtration cartridge system. For any swimming pool design, the pool's filtration system shall be designed to ensure that no salt water will discharge onto the natural grade in order to protect existing, natural vegetation. In the event the pool must be drained, an Environmental Engineer shall be consulted in advance for sampling/testing of the pool water to ensure that draining the pool will not have a detrimental impact on natural vegetation in the area due to the salt, chlorine or other chemical content in the water. If the City of Southlake determines that the water will likely have a detrimental impact on the natural vegetation in the area, the pool shall be drained by use of a mobile pump truck or other mechanism to prevent drainage on the property. Equestrian Use — Equestrian uses shall not be permitted within this Residential Planned Unit Development Case No. Attachment C ZA15-007 Page 3 QAVMi We] :1MIMikiki»e1ki Case No. Attachment C ZA15-007 Page 4 REVISED DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA15-007 Review No.: Two Date of Review: 02/24/15 Project Name: Development Plan — 3010 Burney Lane letUUI167Ak11a__ 7", LyiMI 0 i�1Cl Archiverde, LLC 6115 Owens St. Suite 228 Dallas, TX 75235 Phone: (214) 920-9950 E-mail: brianmcdonald@archiverde-us.com 191TAkIEll :aaqu TIM0C•Tii11ZatypiIrl 2401 Carlisle Ave. Colleyville, TX Phone: (817) 721-8713 E-mail: tdelvalle@g2securestaff.com aadelvallea-att.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/02/15 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 RICHARD SCHELL AT (817) 748-8602. The Tree Preservation Plan must conform to the proposed R-PUD regulations and the Development Plan. a. The 20' buffer does not extend around the bocce ball court shown, so please verify that the trees in that area are to be preserved. 2. Please keep in mind that the regulations still apply to both lots even though the home on the southern lot has already been built. Make the following revisions to the R-PUD regulations: a. For the changes to the regulations to allow the fencing to be 6' instead of 5' and to allow fencing in the Tree Preservation Easements, please specify if those requirements only apply to Lot 1 R, or if the requirements are intended to also apply to Lot 2R. 3. Provide a grading plan showing existing and proposed finished grades of the site with contour intervals not exceeding two (2) feet. Label spot elevations at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. 4. Note the City approved benchmark used for topographical information. Case No. Attachment D ZA15-007 Page 1 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 II:7Ell ;Kde]kR]Ell li%IEel k[d01LY,I►YilEll kIII &I 1. The Tree Preservation Plan must conform to the proposed R-PUD regulations and the Development Plan. The 20' buffer does not extend around the bocce ball court shown, so please verify that the trees in that area are to be preserved. 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. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us The property drains onto the Corps of Engineers property for Lake Grapevine. Should a grading plan presented at the building permit stage show potential for creating an adverse impact on adjacent properties, a drainage swale or other drainage improvements may be required by staff to be located on the southernmost property line. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: klements@ci.southlake.tx.us GENERAL COMMENTS: An 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. All residential fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. FIRE LANE COMMENTS: Case No. Attachment D ZA15-007 Page 2 Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of the residence on a "hose -lay" basis of the sprinkled residence. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) If fire apparatus access is required further than 150 feet from the public street, and approved turn- around must be provided for fire apparatus. This approved turn -around must be placed at a point where the apparatus will not be required to back-up more than 150 feet to turn around and exit the property. FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid, or an additional hydrant will be required. General Informational Comments Staff strongly recommends contacting Philip Rodriguez in the City Manager's Office to determine if a SPIN meeting would be beneficial to your application. Philip can be contacted by phone at (817) 748- 8029 or by e-mail at prodriguez@ci.southlake.tx.us. The previous approval of the Tree Preservation Plan required a minimum Tree Preservation Easement Area of 29% for the entire R-PUD. The Tree Preservation Easement Area is unchanged with this request. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Denotes Informational Comment Case No. Attachment D ZA15-007 Page 3 Surrounding Property Owners 3000 and 3010 Burney Lane w 0 o-y 3� 3560 N 1020 1040 M AI 3530 CT 1060 961 0 0 3520 3525 u� v M 3530 `?O 3570 3560 �O 3595 0 1085 m 35g5 3000 c � N N J KE o w E N d m rn rn � � N O i f� F_ 1080 , . vFN 1090 1 SPO # Owner Zoning JM Physical Address Acreage Response 1 Ault, Gloria R SF1-A 3570 BURNEY LN 0.97 NR 2 Curtis, Mary Kathryn SF1-A 3580 BURNEY LN 1.07 NR 3 George, David W SF1-A 2984 BURNEY LN 1.10 NR 4 Housmans, Errol V Etux Leslie SF1-A 2970 BURNEY LN 1.86 NR 5 USA— Lake Grapevine AG LAKE GRAPEVINE 310.70 NR 6 Eastwood, Wm S Etux Kollis A SF1-A 3530 CARMEL CT 1.08 NR 7 Burnett, Patricia H SF1-A 3510 BURNEY LN 2.05 NR 8 George, David SF1-A 2980 BURNEY LN 0.81 NR 9 Del Valle, Thomas Etux Patrici RPUD 3010 BURNEY LN 2.13 NR 10 Miles, Marylyn E & Etal AG 3185 SOUTHLAKE PARK DR 9.73 NR 11 Eddins, Michelle R RPUD 3000 BURNEY LN 3.09 NR 12 U S A — Corps of Engineers AG CORPS OF ENGINEERS 110.39 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. ZA15-007 Attachment E Page 1 Surrounding Property Owner Responses Notices Sent: Ten (10) Responses Received Within 200': None (0) Responses Received Outside 200': Two (2) - Attached Case No. Attachment E ZA15-007 Page 2 Responses Received Outside 200' rrom: Date: ommaly ri, euib at L:AI'�:o. PM CST To: kbaker@ci.southlake_tx,us Subject: 3010 burney Ln. (Delvalle) Dear Mr. Baker, I'm writing to you on behalf of the property located at 3010 Sumey Ln., which was recently purchased by Tom and Patti Delvalle. I have to say that as a neighbor and custom homebuidder myself that it gives me great pleasure to see such commitment and enthusiasm that these individuals have shown. The due diligence that the Delvalle's have put in to this project stem from a passion for the property that had begun years before the purchase of the lot. If you have ever visited the property, which I highly encourage, you would find an awe-inspiring piece of land that is unparalleled with anything around this area. This property is on route for my nightly walk and I often found myself starring at a blank canvas imagining what type of home should be built there. I can't tell you how ecstatic I was to find someone who approached this property with not only the same technique but with as much vision and passion for the property as 1. I cringed the day I saw the sold sign go up thinking it would be tamished with the typical run of the mill custom home that has saturated the local market in the recent years, i was sure it would be custom and expensive of course but I found it hand to fathom that someone also could have the same respect and vision for what the property absolutely longed for! This personal dilemma all changed from the moment I met with the owners Tom and Patti. Much of the custom homebuilding process includes a two-way street when it comes to the interviewing process. We the builders interview and make our own assumptions of a potential client just as much as they do for us. That said, the Delvalle's struck me as extremely unique in the passion they exuded for this property. Every aspect of the project has been meticulously researched and chosen with the utmost care. I personally visited the current home of the Delvalle's in Colleyville with anticipation of seeing the future plans which have evolved into a jaw dropping and miraculous achievement that could have only been accomplished by the acclaimed Architect David Stocker. I knew at that moment that this was the house begging to be built not only at 3010 but also in Southlake in general. This property will inspire a fresh movement for architecture in the area and will establish a new pedestal for builders, architects, and clients to achieve. I understand that the Delvalle's have experienced a great burden trying to get this project underway and I empathize with them on this process. I have NEVER had a client show such persistence in a property and most would have already resold the land and started over. it is this with this persistence that I know this project will fbilow through with the upmost care and attention to detail. The property backs to core of engineer land and has been continually abused and mistreated by loitering individuals who feel that leaving trash and burning fires is the best use of this land. The Dehvalles have expressed great concern with this issue and although I walk by there every night, I can only do so much to monitor these situations. Having this home there will hopefully be the first step in the conservation of the surrounding land. Although I'm not the builder for this home, 1 have expressed to the Delvelle's that I will be walking the property everyday as if I were building under my name. I can't express the sigh of relief that I feel knowing that this lot is currently in the hands of someone who truly cares about the vision of this property. Although I have never been more envious of another builder until now, I look forward to the completion of the project and welcome such great neighbors with open armsl Sincerely Alex Tumey Please call if you have any questions! (817) 360-9595 Case No. Attachment E ZA15-007 Page 3 13CPTy or SOUTHLAKE Holly Blake <hblake@ci. south lake. tx. us> Fwd: 3010 Burney Lane 1 message Ken Baker <kbaker@ci.southlake.tx.gs> Mon, Feb 9, 2015 at 4:34 PM To: Richard Schell <rschell@ci.south lake.tx.us>, Dennis Killough <dkillough@ci.southlake.tx.us>, Holly Blake <hblake@ci.southlake.tx.us> Please place in the Zoning file for inclusion in the staff report. Thanks. ------ Forwarded message ------- From: JONATHAN SNOOK Date: Mon, Feb 9, 2015 at 7:55 AM Subject: 3010 Burney Lane To: kbaker@ci.southlake.tx.us Cc: Anette Snook < " - --n> Mr. Baker My name is Jon Snook and I live at 3545 Carmel Court, Southlake with my family Anette and two children Toby and Julia. We are aware of plans to build a new home in our neighborhood at 3010 Burney Lane and wanted to write to you in support of the proposed construction. The Del Valle family have shared their plans with us and we think that the property as proposed would be a great addition to the neighborhood and has been designed in a way that is sympathetic to both the environment and to the other properties in the vicinity. We believe the Del Valle family would be good stewards of the land and the property. Thanks Jon and Anette Snook Kenneth M. Baker, AICP Senior Director of Planning and Development Services City of Southlake 1400 Main Street - Suite 310 Southlake, TX 76092 817-748-8067 Case No. Attachment E ZA15-007 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-510b 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 LOTS 1RAND 2R, R.D. PRICE NO. 1207 ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT 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 "R-PUD" Residential Planned Unit Development 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 Case No. Attachment F ZA15-007 Page 1 vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of 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 Case No. Attachment F ZA15-007 Page 2 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 Lots 1 R and 2R, R.D. Price No. 1207 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 5.05 acres, and more fully and completely described in Exhibit "A" from "R-PUD" Residential Planned Unit Development District and "SF-1A" Single Family Residential District to "R-PUD" Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following: Reserved for the approved R-PUD Regulations City Council 2nd reading motion for approval of Ordinance No. 480-510a on June 16, 2009: 1. Subject to the presentation provided by staff at the June 16, 2009 Regular City Council meeting; 2. Subject to the use of the pool filtration cartridge system as defined by the applicant at the June 16, 2009 Regular City Council meeting; 3. Not permitting any equestrian use on the property; and 4. Subject to the Staff Report dated June 10, 2009 City Council 1st reading motion for approval of Ordinance No. 480-510b: March 3, 2015; Approved (4-0) noting the modifications to the footprint and building area and the revised Tree Conservation Plan and including the staff report dated February 124, 2015. 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. Case No. Attachment F ZA15-007 Page 3 MME" IEel ki[! 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. l;�ME" IEel kIW 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 Case No. Attachment F ZA15-007 Page 4 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. l;�ME" IEel kWa 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 3Id day of March, 2015. John Terrell, MAYOR ATTEST: Lori Payne, CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2015. Case No. Attachment F ZA15-007 Page 5 John Terrell, MAYOR ATTEST: Lori Payne, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA15-007 Page 6 EXHIBIT "A" Being legally described as Lots 1 R and 2R, R.D. Price No. 1207 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded as Instrument No. D209213880, Plat Records, Tarrant County, Texas and being approximately 5.05 acres. Case No. Attachment F ZA15-007 Page 7 EXHIBIT "B" DEVELOPMENT PLAN FOR ORDINANCE NO. 480-510A MQruMERT D->otD-SA SFPRG SYMM DATA CYNIIIO[IAIY IITIom 6 1 MMM TAM I uVOIN M imm "MMWT tow PIMP 7MM a- YDMAIDR 0-4444 ♦1 1C TA SUMUW MT& (june u, zuuy) 4� GRAPEVINE LAKE PRGPERIY Ii �I 1/A'NF�I 4� �aIMD IIIINIAINIT OT 1 R 87.95 UARE FEET IfO JADRdTZWI& aN II®L Nee A-uw AR T46.TJ sO. Fr a s SLaN ar aaos Men r,-ai S , eA ga q q Sr es 1w "MELL OOIARIe a of —.1a GRAPEVNE LANE PRGPERIY LVp.001FJ Q D10RR[!4 L7 �R' a ®eml wwr mwrr our emu, rie ps L17 IL� OftOI[t01oR 06110N WIIM, �N .14 yR a eaew•�..erv.anee...a Lt DON ■erEtT M w RVN6\ tl1aEf "o-'a"°"•� NYYea LOT 2RLe u al,� \\fe 11L15 LglAp•di-fA 132.207 FT. /r WPM RON RW SET .a. � \ NT41'14 I/7' 11MQ lOIPPm Eal 1®'gT 2LuW ' L 'um MOST, +' e na¢ vRaernlw DrolDa q AW � tY l S T!D mnlNlclm ANO POOL AREA 246M S4 fT. P \c l t ` LIO �' SO' 1tIDE nie Trowel EMT LTIP.t LION MM fr40-10 R21rffl MaINITILRr o-wa-t 1 t a 'b. 1/Y QIPI aRm IRON ROD � NP v' ' RECPRDGIL PMF1164,u, A00, 5, UILIII', `--& PAPAX ORK EMNENT c12\, w us F POINT OF NTSEDRND 1/T' WT1 GIPPED SON ROD IEY Riq � a 11Y7 +R ,p 1h" 4N0 !SW® ION Im tla Y11 .. 7&".4' COURT p,� �4fYDti' aa[w� �>twe ' � `GT �eww,wwr me4a 'IT 1 2/1�4 \\ ! a1M1 ria Mw we 4 � as PPeewel Nava R 3Aw aw axnRCE DNS 1AW1 A(iR71 IWiw Duly R dwarf aJID-laW aUD0 Case No. ZA15-007 Attachment F Page 8 QAVMI110]:1►yiIMIkiki»e1kiI7Q:KOINI]IkiFAki Is] Qki[ox,f:11M117A Reserved for approved Development Plan Case No. Attachment F ZA15-007 Page 9