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Item 4F Department of Planning & Development Services S T A F F R E P O R T April 28, 2015 CASE NO:ZA15-017 PROJECT: 3165 Johnson Rd. – Zoning Change and Concept Plan EXECUTIVE SUMMARY: On behalf of Emad Mikhail, Blake Architects is requesting approval of a Zoning Change and Concept Plan on property described as Tract 1C1, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at 3165 Johnson Rd., Southlake, Texas. Current Zoning: “AG” – Agricultural District. Requested Zoning: “SF-1A” – Single Family Residential District. SPIN Neighborhood # 11. DETAILS: The applicant is requesting approval of a zoning change and concept plan to accommodate the construction of a new home (approximately 5,000 square feet) and a family quarters (approximately 1,200 square feet) in a separate accessory building on an approximately 40,166 square foot lot. On February 26, 2015, the Zoning Board of Adjustment approved a Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for an approximately 1,200 square foot servants or family quarters. On March 26, 2015, the Zoning Board of Adjustment approved a Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet to allow a side setback of approximately fifteen (15) feet for the principal structure on the east side of the lot and a side setback of approximately fifteen (15) feet for the principal structure and an accessory building for a family quarters on the west side of the lot. Approval of the variances is subject to subsequent approval of the zoning change to SF-1A by City Council. The previous principal residence and all accessory structures were removed from the property by the current owner in 2013. A plat must be processed and recorded with the County prior to issuance of a building permit for a new home. The current zoning on the property is Agricultural District, which requires a minimum ten acre lot area. The property does not meet the ten acre minimum area required in the Agricultural district, so the property must be rezoned prior to a plat being approved. The 2030 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 40,166 square foot (0.92 acres) lot to be rezoned to SF-1A while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. Case No. ZA15-017 Variance Requested: Per Tree Preservation Ordinance No. 585, as amended, Section 7.2, Table 2.0 – Existing Tree Cover Preservation Requirements. A minimum of 70% of the existing tree cover is required to be preserved; the applicant proposes to preserve approximately 47 55% of the existing 10% tree canopy. On April 23, 2015, the Planning and Zoning Commission recommended approval subject to the review summary and staff report; granting the variance requested by the applicant but noting for the record the applicant’s willingness, prior to going to Council, to present a landscape plan that would do a caliper inch replacement for each caliper inch of tree needing to be removed. The applicant has provided an updated tree plan indicating an increase in tree preservation from 47% to 55%, as well as the addition of two (2) proposed apple trees that at maturity will each provide a 20 foot canopy. st ACTION NEEDED: Consider 1 reading for a zoning change and concept plan ATTACHMENTS: (A) Background Information – LINK TO PRESENTATION (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated April 28, 2015 (E) Surrounding Property Owners Map and Responses (F) Ordinance 480-694 STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA15-017 BACKGROUND INFORMATION OWNER: Emad Mikhail APPLICANT: Blake Architects PROPERTY SITUATION: 3165 Johnson Rd. LEGAL DESCRIPTION: Tract 1C1, Jesse G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: AG- Agricultural District REQUESTED ZONING: SF-1A – Single Family Residential District HISTORY: - The property was annexed into the City in 1988 and given the “AG” Agricultural District zoning designation. -The previous main residence and all accessory structures were removed from the property in 2013. (Source: City demolition permit and aerial photography). - A Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for an approximately 1,200 square foot servants or family quarters were approved by the Zoning Board of Adjustment on February 26, 2015 (ZBA-679). -A Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet to allow a side setback of approximately fifteen (15) feet for the principal structure on the east side of the lot and a side setback of approximately fifteen (15) feet for the principal structure and an accessory building was approved by the Zoning Board of Adjustment on March 26, 2015 (ZBA-679). CITIZEN INPUT: A SPIN meeting was not held regarding this project. SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Low Density Residential. The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. The 2030 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 40,166 square foot (0.92 acres) lot to be rezoned to SF-1A while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. Case No. Attachment A ZA15-017 Page 1 Master Thoroughfare Plan The Master Thoroughfare Plan designates Johnson Road as C2U, 2 lane undivided collector street, with a 70 foot width. Pathways Master Plan The Master Pathways Plan shows six (6) foot sidewalks planned along this portion of Johnson Road. The applicant is required to construct the sidewalk or escrow funds equal to the amount required to construct the sidewalk. WATER & SEWER: A 12” water line and an 8” sanitary sewer line exist along Johnson Road to serve the property. TREE PRESERVATION: The proposed Tree Conservation Plan shows an existing tree canopy of approximately 10%. The applicant is proposing to preserve approximately 55%. The required preservation is a minimum of 70%. A variance has been requested. PLANNING & ZONING COMMISSION: April 23, 2015; Approved (5-0) subject to Concept Plan Review Summary No. 2 and the Staff Report dated April 17, 2015; granting the requested variance but noting for the record the applicant’s willingness prior to going to Council to present a landscape plan that would do a caliper inch replacement for each caliper inch of tree needing to be removed. STAFF COMMENTS: Concept Plan Review Summary No. 3, dated April 28, 2015 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. N:\\Community Development\\MEMO\\2015 Cases\\017 - ZCP 3165 Johnson Rd\\CC Packet 1st reading\\Item 4F.docx Case No. Attachment A ZA15-017 Page 2 ZA15-017 Zoning Change and Concept Plan Case No. Attachment B ZA15-017 Page 1 PROPOSED CONCEPT PLAN Shown at P&Z 4-23-2015 Case No. Attachment C ZA15-017 Page 1 TREE PRESERVATION PLAN Shown at P&Z 4-23-2015 Case No. Attachment C ZA15-017 Page 2 REVISED CONCEPT PLAN Case No. Attachment C ZA15-017 Page 0 REVISED TREE PLAN Case No. Attachment C ZA15-017 Page 0 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA15-017 Review No.: Three Date of Review: 04/28/15 Zoning Change and Concept Plan Project Name: – 3165 Johnson Road APPLICANT: Emad Mikhail ARCHITECT: Blake Architects 4100 Bridlewood Ct. Skip Blake Colleyville, TX 76034 Phone: 817-343-8340 Phone: 817-488-9397 Email: emmikhail@yahoo.com Email: blakearch@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/28/15 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:lfletcher@ci.southlake.tx.us 1. Per Tree Preservation Ordinance No. 585, as amended, Section 7.2, Table 2.0 – Existing Tree Cover Preservation Requirements. A minimum of 70% of the existing tree cover is required to be preserved; the applicant proposes to preserve approximately 55%. A variance has been requested. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 1. The proposed Tree Conservation must comply with the Tree Preservation Ordinance Existing Tree Cover Preservation Requirements. If there are any invasive, unhealthy, or undesirable trees existing on the property that do not fall within the areas of proposed construction and that the owner would like to remove, please clearly delineate these trees as “Marginal” or to be “Removed” on the Tree Conservation Plan. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Case No. Attachment D ZA15-017 Page 1 Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * 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 Om Gharty Chhetri, P.E., CFM Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us * No Comments Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us * No Comments Informational Comments: * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Case No. Attachment D ZA15-017 Page 2 * All development must comply with SF-1A Single Family Residential District regulations and/or the approved variances and special exception use granted by the Zoning Board of Adjustment March 26, 2015 – ZBA-679. * The existing driveway on the west boundary does not meet driveway spacing requirements for residential property along Johnson Road (a collector street). The adjacent driveway to the west measures approximately 20 feet centerline to centerline. The required spacing is a minimum 40 feet. * 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 concept plan 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. Attachment D ZA15-017 Page 3 SURROUNDING PROPERTY OWNERS Owner Zoning Physical Address Acreage Response 1. Taylor, Diana & Laura Cronin SF1-A 3160 JOHNSON RD 2.04 NR 2. Huffstutler, Andrea & E Blessi SF1-A 3150 JOHNSON RD 2.00 NR 3. Small, Charles J Etux Sharon SF1-B 3204 JOHNSON RD 2.40 NR 4. Small, Charles J & Sharon A SF1-B 3210 JOHNSON RD 1.00 F 5. Matassa, Alejandro Etux Theres SF20B 605 CIMARRON TRL 0.51 NR 6. Osman, Richard J AG 3200 JOHNSON RD 0.42 NR 7. Ryan, Jimmy D Etux Dorothy SF20B 604 CIMARRON TRL 0.51 NR 8. Ogles, Jimmy L SF20B 601 CIMARRON TRL 0.59 NR 9. Hein, Kelly R Jr SF20B 600 CIMARRON TRL 0.59 NR 10. Carpenter, Larry Etux Karen SF1-A 3225 JOHNSON RD 1.12 NR 11. Swiggart, C A & M L Moore SF1-A 3255 JOHNSON RD 1.14 NR 12. Radford, Tod L Etux Sandra B SF30 3155 JOHNSON RD 0.74 NR 13. Desilva, Kevin Etux Amy E SF1-A 135 N PEARSON LN 1.53 NR 14. Yonkman, Bonita SF1-A 230 HARRELL DR 1.03 F 15. Bramlett, Roderick Etux Patric SF1-A 435 N PEARSON LN 1.70 NR 16. Osman, Richard J AG 3200 JOHNSON RD 0.30 NR 17. Babyak, Donna AG 3165 JOHNSON RD 1.07 NR 18. Radford, Tod L Etux Sandra SF1-A 3185 JOHNSON RD 1.15 NR 19. Scheidt, Jonathan J Etux Lois SF1-A 240 HARRELL DR 0.88 NR 20. Keller ISD CS 3095 JOHNSON RD 13.90 NR NR: No Response F: In Favor O: Opposed U: Undecided Notices Sent: Twenty (20) Responses Received: Two (2) – in favor (see attached) Case No. Attachment E ZA15-017 Page 1 Case No. Attachment E ZA15-017 Page 2 Case No. Attachment E ZA15-017 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-694 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 1C1, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, 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 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 Case No. Attachment F ZA15-017 Page 1 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 Case No. Attachment F ZA15-017 Page 1 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: Reserved for legal description 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 Case No. Attachment F ZA15-017 Page 1 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 Case No. Attachment F ZA15-017 Page 1 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. _________________________________ John Terrell, MAYOR ATTEST: _________________________________ Lori Payne, CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2015. ________________________________ John Terrell, MAYOR ATTEST: ________________________________ Lori Payne, CITY SECRETARY Case No. Attachment F ZA15-017 Page 1 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA15-017 Page 1 EXHIBIT “A” Reserved for legal description Case No. Attachment F ZA15-017 Page 1 EXHIBIT “B” Reserved for approved plans Case No. Attachment F ZA15-017 Page 1