Loading...
Item 6F Department of Planning & Development Services S T A F F R E P O R T April 29, 2015 CASE NO: ZA15-022 PROJECT: Zoning Change and Concept Plan for 1483 Brown Lane EXECUTIVE SUMMARY: Area Surveying, Inc., on behalf of John Allen Samson, is requesting approval of a Zoning Change and Concept Plan from “AG” Agricultural Zoning District to “SF-1A” Single-Family Residential District for the construction of a new single- family residence on approximately 1.95 acres located at 1483 Brown Lane. SPIN Neighborhood # 5 DETAILS: Area Surveying, Inc. is requesting approval of a Zoning Change and Concept Plan from “AG” Agricultural Zoning District to “SF-1A” Single-Family Residential District for the construction of a new single-family residence. The existing home and accessory buildings on the site will all be demolished with the exception of an approximately 1,500 square foot garage that is located towards the rear of the property that was permitted by the City in December of 1993. A Plat Showing is also being processed administratively by staff under Planning Case ZA15-020 that will be contingent upon the approval of this request. ACTION NEEDED:1) Conduct Public Hearing nd 2) Consider 2 Reading Zoning Change & Concept Plan Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Concept Plan Review Summary No. 2, dated April 2, 2015 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-691 (G) Full Size Plans (For Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA15-022 BACKGROUND INFORMATION OWNER: John Allen Samson APPLICANT: Area Surveying Inc. PROPERTY SITUATION: 1483 Brown Ln. LEGAL DESCRIPTION: Tract 1G5, J.H. Childress Survey Abstract No. 253 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” Single-Family Residential District HISTORY: -On October 20, 1987 the City Council approved Ordinance No. 385 which annexed the area in which this property is located into the City of Southlake. -According to Tarrant Appraisal District records, the existing home on the property was constructed in 1965. SOUTHLAKE 2030:Consolidated Future Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Low Density Residential. The Low Density Residential land use designation is defined within Southlake 2030 as the following: “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 described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake.” As proposed, the applicant is consistent with the future land use plan. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The existing residence has access onto Brown Lane which is a private easement but also has access to Randol Mill Avenue, a two-lane local residential street. TREE PRESERVATION: There is approximately 81% tree coverage on this site. The applicant has indicated that they will preserve at a minimum 50% of that existing tree cover on site. The Tree Preservation Ordinance No. 585-D requires the applicant preserve a minimum of 30% of the tree cover on site. As proposed, the applicant meets the ordinance requirement. Case No. Attachment A ZA15-013 Page 1 UTILITIES: Water There is an existing 12-inch water line along the north boundary of the property under Randol Avenue that the applicant is indicating they will connect to. Sewer The applicant is proposing to remain on a septic system. The lot must comply with Section 33.14 of the City’s Zoning Ordinance No. 480 as it pertains to Health Regulations – Sewage Disposal. PLANNING & ZONING COMMISSION: April 9, 2015; Approved (4-0) subject to Concept Plan Review Summary No. 2, dated April 2, 2015 and also the staff report dated April 2, 2015. st CITY COUNCIL:1 Reading April 21, 2015; Approved (7-0) on consent. STAFF COMMENTS : Attached is Concept Plan Review Summary No. 2, dated April 2, 2015. N:\\Community Development\\MEMO\\2015 Cases\\022 - ZCP - 1483 Brown\\Staff Report Case No. Attachment A ZA15-013 Page 2 Case No. Attachment B ZA15-022 Page 1 Plans and Support Information Case No. Attachment C ZA15-013 Page 1 Case No. Attachment C ZA15-013 Page 2 Case No. Attachment C ZA15-013 Page 3 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA15-022 Review No.: Two Date of Review: 04/02/2015 Project Name: 1483 Brown Lane APPLICANT: Area Surveying, Inc. OWNER: Roger W. Hart Jon Allen Samson 6080 S. Hulen St., Suite 360 #226 2436 Southern Hills Drive Fort Worth, TX 76132 Keller, TX 76248 Phone: (817) 294-4490 Phone: (817) 807-5747 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/01/2015 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 Daniel Cortez, AICP Principal Planner P: (817) 748-8070 E: dcortez@ci.southlake.tx.us 1. All development must comply with the underlying zoning district. The development of this lot as requested appears to comply with this requirement. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.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. * Indicates informational comment. # Indicates required items comment. Case No. Attachment D ZA15-022 Page 1 Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: * A sanitary sewer main is not available to this lot; dwelling on septic system. * 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. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. General Informational Comments * If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on-site sewage facility (OSSF) designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on-site sewage facility (OSSF) is to be employed, the minimum lot size must be one acre per family, residence or commercial structure, with a minimum usable area of at least one acre, and the use must be approved by the City Council of the City of Southlake. The minimum usable area requirement of one (1) acre per lot shall exclude all areas of the lot (As amended by Ordinance 480-JJJ and 480-VVV): a) In any flood plains as identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM); b) In any drainage and flowage easements; and c) Having topographical limitations as regulated under the standards for on-site sewage facilities in the Texas Administrative Code Chapter 285. For properties proposing an on-site sewage facility, a plan is required that shows the type and location of the on-site sewage facility, topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the Authorized Agent responsible for on-site sewage facility permitting and inspections. (As amended by Ordinance No. 480-YYY.) All lots to be served by a private or septic system must have that system installed in accordance with Ordinance No. 514 and any other applicable city ordinances. Occupancy of any building or structure shall be prohibited and no certificate of occupancy issued unless the provisions of this subsection and of subsection 33.13 are fully complied with. (As amended by Ordinance No. 480-C.) Case No. Attachment D ZA15-022 Page 2 * 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. * Development must comply with all requirements in the underlying zoning of the property as required in the City’s Zoning Ordinance No. 480. * 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, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however, no barbed wire fence shall be located on any platted property which is zoned for single family residential use. Existing fences that were constructed prior to the adoption of this section that were constructed with materials not currently permitted by this section may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Official determines the existing fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this section or removed. The repairs must be made in complete sections extending a minimum of support post to support post. If the Administrative Official determines the extent of repair on any existing fence (materials in non-compliance) is in excess of fifty (50) percent of the linear length of the total fence or more than a combined 100 linear feet then the entire fence must be replaced with materials approved by this section. * Denotes Informational Comment Case No. Attachment D ZA15-022 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 1483 Brown Lane SPO# Owner Name Zoning Address Acreage Response Allen, Jeffrey R Etux Rachel W AG 1584 RANDOL MILL AVE 1.19 1. NR Moser, Jamie AG 1440 BROWN LN 2.27 2. NR Kettering, Steven W AG 1580 RANDOL MILL AVE 1.04 3. F Kettering, Steven W AG 1580 RANDOL MILL AVE 0.14 4. F Cox, Don C AG 1560 RANDOL MILL AVE 1.74 5. NR Cox, Don C AG 1564 RANDOL MILL AVE 0.37 6. NR Millard, Katherine Etvir Lee S AG 1570 RANDOL MILL AVE 1.79 7. NR Dilley, Ermilo D RPUD 1309 BILTMORE DR 0.99 8. NR Four Peaks-Rm Inc RPUD 1317 BILTMORE DR 0.08 9. NR Craig, Dusty M AG 1483 BROWN LN 2.06 10. NR O'Malley, Terrence P Etux Gail AG 1480 BROWN LN 2.78 11. NR Ruiz, Frederick & Michaela RPUD 1577 RANDOL MILL 1.62 12. NR Ruiz, Frederick & Michaela RPUD 1313 BILTMORE DR 1.01 13. NR Westwyck Hills Hoa Inc RPUD 1300 BILTMORE DR 0.46 14. NR Brohan, Karl J W AG 1441 BROWN LN 1.77 15. NR Four Peaks-Rm Inc RPUD 1316 BILTMORE DR 0.10 16. NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received: One (1) Case No. Attachment E ZA15-022 Page 1 Case No. Attachment E ZA15-022 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-691 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 TRACT 1G5, J.H. CHILDRESS SURVEY ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS , BEING APPROXIMATELY 1.95 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 ZA15-022 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 clearly requires the amendments, and that the zoning changes do not unreasonably Case No. Attachment F ZA15-022 Page 2 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 Tract 1G5, J.H. Childress Survey Abstract No. 253, City of Southlake, Tarrant County, Texas , being approximately 1.95 acres, and more Case No. Attachment F ZA15-022 Page 3 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; 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 Case No. Attachment F ZA15-022 Page 4 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. Case No. Attachment F ZA15-022 Page 5 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. Case No. Attachment F ZA15-022 Page 6 stst PASSED AND APPROVED on the 1 reading the 21 day of April, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY ndth PASSED AND APPROVED on the 2 reading the 5 day of May, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA15-022 Page 7 EXHIBIT “A” Reserved for Approved Metes and Bounds Description Case No. Attachment F ZA15-022 Page 8 EXHIBIT “B” Reserved for Approved Concept Plan Case No. Attachment F ZA15-022 Page 9