August 13, ZA CASE NO: EXECUTIVEE. District to. Neighborhoo. d #3. DETAILS: (ZA14-045) (CP14-002). Plat Showing. largerr in size.

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1 Department of Planning & Development Services S T A F F R E P O R T August 13, CASE NO: ZA PROJECT: Zoning Change and Concept Plan for 2101 N. Carroll Avenue EXECUTIVEE SUMMARY: K.M. Properties, Inc. is requesting approval of a Zoning Change and Concept Plan from AG Agricultural District to SF-20A Single Family Residential District for the development of three (3) single family residential lots on 1.62 acres located at 2101 N. Carroll Avenue, Southlake, Texas. SPIN Neighborhoo d #3. DETAILS: K.M. Properties, Inc. is requesting approval of a Zoning Change and Concept Plan from AG Agricultural District to SF-20A Single Family Residential District for the development of three (3) single family residential lots. The site currently consists of one (1) tract that is unplatted with a single residence that is proposed to remain. This development is related to and being processed concurrently with a 3-lot Plat Showing (ZA14-045) and a Comprehensive Land Use Plan Amendment (CP14-002). The current LUD is Low Density Residential. The applicant is requesting a Medium Density Residential designation to accommodate the proposed zoning change and concept plan. Variances Requested: The development as proposed will necessitate two (2) variances from the Subdivision Ordinance No. 483, as amended: 1. A minimum lot width of 125 feet at the rear property line is required adjacent to any property that is currently zoned or platted residential and contains lots of one acre or larger and/or property shown on the approved City Land Use Plann to be designated for lots of one acre or largerr in size. The three (3) lots proposed do not meet this requirement. 2. A minimum lot size of 30,000 square feett is required adjacent to platted property zoned SF-1A or RE. The three (3) lots proposed measure 20,000; 20,000; and 20,822 square feett respectively. On July 17, 2014, the Planning & Zoning Commission recommended approval subject to the staff report and review comments; specifically noting the approval of the requested variances. ACTION NEEDED: 1. Conduct public hearing 2. Consider 2 nd reading for a Zoning Change & Concept Plan ZA14-044

2 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) SPIN Summary Report (E) Revised Concept Plan Review Summary No. 3, dated July 29, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No STAFF CONTACT: Ken Baker (817) Lorrie Fletcher (817) ZA14-044

3 BACKGROU UND INFORMATION OWNER: APPLICANT: Harvey E. and Sarah D. Hall K.M. Properties, Inc. PROPERTY SITUATION: 2101 N. Carroll Avenue LEGAL DESCRIPTION: Tract 4B, F. Throop Survey, Abstract No LAND USE CATEGORY: Low Density Residential PROPOSED LAND USE: Medium Density Residential CURRENT ZONING: AG Agricultural District REQUESTED ZONING: SF-20A Single Family Residential HISTORY: CITIZEN INPUT: The existing home was built in The AG Agricultural District zoning was assigned to thiss property with the adoption of the Zoning Ordinance No. 480 and the official zoning map September 19, A SPIN (SPIN #3) meeting was held June 10, The SPIN report is included as Attachment D. SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Low Density Residential. Thee 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. The applicant has requested zoning thatt is inconsistent with the current LUD. A Comprehensive Landd Use Plan Amendment for Medium Density is being proposed. Pathways Master Plan An 8 foot sidewalk along N. Carroll Avenue will be constructed with this development. TREE PRESERVATION: The submitted tree conservation plan meets the requirements of the Tree Preservation Ordinance. There are thirty-five (35) existing trees on the site. One (1) tree that hass died will be removed; Four (4) trees have been categorized as marginal; and the remaining thirty (30) trees are to be protected. Attachment B ZA Page 1

4 UTILITIES: Water The site has access to an existing 12-inch water line along N. Carroll Avenue. Sewer The site has access to an existing 6-inch sewer line along N. Carroll Avenue. P&Z ACTION: July 17, 2014; Approved (6-0) subject to the staff report dated July 17, 2014, and the revised concept plan review summary No. 3, dated July 17, 2014; and, specifically noting the approval of the requested variances. CITY COUNCIL ACTION: STAFF COMMENTS: August 5, 2014; Approved 1 st reading (4-3) subject to the concept plan review summary No. 3, dated July 29, 2014; noting the applicant will complete sidewalk on all three lots along N. Carroll and approving the requested variances to the Driveway Ordinance for lot width and size. Attached is Revised Concept Plan Review Summary No. 3, dated July 29, 2014 N:\Community Development\MEMO\2014 Cases\044 - ZCP N Carroll Avenue\CC 2 Packet\Item 6B.docx Attachment B ZA Page 2

5 ZA Attachment B Page 3

6 Plans and Support Information Existing picket fence to be removed ZA Attachment C Page 1

7 Tree Preservation Plan ZA Attachment C Page 2

8 SPIN MEETING REPORT Case Number: Project Name: ZA N. Carroll Avenue SPIN Neighborhood: # 3 Meeting Date: Meeting Location: Total Attendance: Host: Applicant(s) Presenting: City Staff Present: City Staff Contact: June 10, Main Street, Southlake, TX City Council Chambers Thirty-one (31) Craig Rothmeier, Community Engagement Committee Member Kosse Maykus, K.M. Properties, Inc.; Roger Hart, Area Surveying Lorrie Fletcher, Planner I; Caroline Eckel, Assistant to the City Manager Lorrie Fletcher, Planner I: (817) or lfletcher@ci.southlake.tx.us Town Hall Forums can be viewed in their entirety by visiting and clicking on Learn More under Video On Demand; forums are listed under SPIN by meeting date. FORUM SUMMARY Property Situation: The property is located at 2101 N. Carroll Avenue Approximatel y 1.6 acres Development Details: Current zoning is AG Agricultural District. Requested zoning is SF-20A Single Family Residential District. Proposed zoning requires an amendment to the Comprehensive Land Use Plan which currently has a designation of Low Density Residential. The applicant is requesting Medium Density Residential. This development also equires a 3-lot plat showing which is in process concurrently. There is one (1) existing residence on the property that is proposed to remain. There are two (2) variances to the Subdivision Ordinance with this development due to minimum lot widths and lot sizes which are adjacent to SF-1A zoned properties. Attachment D ZA Page 1

9 Presented at SPIN: ZA Attachment D Page 2

10 QUESTIONS / CONCERNS: Will you be putting in a sidewalk? o Yes. The City has already looked at construction of roundabout. What is the square footage of the homes? o 3,800 4,400 square feet. sidewalk to Johnson from the SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. Thee report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public off the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. ZA Attachment D Page 3

11 REVISED CONCEPT PLAN REVIEW SUMMARY : ZA Review No.: Three Date of Review: 07/29/14 Project Name: Zoning Change and Concept Plan Lots 40, 41 & 42, F. Throop No Addition APPLICANT: K.M. Properties, Inc. Kosse Maykus OWNER: Harvey E. & Sarah D. Hall 2101 North Carroll Avenue P.O. Box Main Contact Roger Hart Phone: Phone: kosse@maykus.com roger@areasurveying.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/30/14 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LORRIE FLETCHER AT (817) / lfletcher@ci.southlake.tx.us OR DENNIS KILLOUGH AT (817) dkillough@ci.southlake.tx.us. PLANNING DEPARTMENT REVIEW COMMENTS Lorrie Fletcher, Planner I, / lfletcher@ci.southlake.tx.us : 1. The proposed zoning district, SF-20A, is not consistent with the Comprehensive Future Land Use Plan designation which is Low Density Residential. An application for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential has been submitted (CP14-002). 2. A minimum lot width of 125 feet at the rear property line is required adjacent to any property that is currently zoned or platted residential and contains lots of one acre or larger or and property shown on the approved City land Use Plan to be designated for lots of one acre or larger in size. The submitted concept plan proposes three lots that do not comply with these criteria. A request for a variance has been submitted. 3. Provide the total lot square footage for each proposed lot. A minimum lot size of 30,000 square feet is required adjacent to platted property zoned SF-1A. A request for a variance has been submitted. 4. The site plan shows an existing picket fence on proposed Lot 41 that crosses the Lot line into proposed Lot 42. The applicant has confirmed the fence will be removed. Attachment E ZA Page 1

12 Tree Conservation/Landscape Review Keith Martin / Landscape Administrator / Phone: (817) 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. Alex Ayala, P.E. Civil Engineer Phone: (817) aayala@ci.southlake.tx.us No comments based on submitted information. Public Works/Engineering Review Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) kclements@ci.southlake.tx.us No comments based on submitted information. Informational Comments: * 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. Attachment E ZA Page 2

13 * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Development must comply with the Subdivision Ordinance No. 483, as amended. * 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. * Denotes Informational Comment Attachment E ZA Page 3

14 SURROUNDING PROPERTY OWNERS MAP & RESPONSESS Concept Plan for 2101 N. Carroll Avenuee Owner Name Shah, Mayur Etux Krutika Hall, Harvey E Etux Sarah D Platt, Shane K Etux Michelle Reachi, Michael A Whitmire, Jason A Etux Paige A Cherry, Jena Sue Etvir Gregory Gore, Raymond & Becky Mooneyha Haynes, Larry S Etux Lynda J Haynes, Larry S Etux Lynda J Arango, Juan Etux Sol Alan Kay Custom Homes Llc Winfield Residential Community Zoning SF1 A AG SF1 A Address Woodbine Cir N Carroll Ave Woodbine Cir Acreage Response NR NR NR SF1 A Woodbine Cir NR SF1 A Woodbine Cir NR SF1 A Woodbine Cir NR SF1 A Carroll Meadows Ct NR AG N Carroll Ave NR SF1 A N Carroll Ave NR SF20B N Carroll Ave NR AG E Dove Rd NR RPUD Winfield Ct NR ZA Attachment F Page 1

15 Nukala, Bharath & Deepa Gaddam RPUD 1029 Winfield Ct 0.47 NR Estes Park Hoa RPUD 1017 Aspen Ridge Dr 1.44 NR Barnes, David C Etux Cynthia R AG 2110 N Carroll Ave 0.98 NR Estes Park Hoa RPUD 1015 Aspen Ridge Dr 0.06 NR Jeffries, Telvin P & Odetta RPUD 1016 Aspen Ridge Dr 0.67 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received: None from within 200 feet One (1) from outside 200 feet see below David, Thanks for returning my call. I live about ¼ mile north of the property at 2101 N. Carroll (Southwest corner of Dove and Carroll). I support building two homes on the property at 2101 N. Carroll. This development has prompted me to ask a broader question about the City s plan for a continuous sidewalk across the street along the West side of Carroll. East side of Carroll: There is no sidewalk on the east side between Dove Rd and Del Mar Dr. West side of Carroll: A partial sidewalk is on the west side of Carroll for several hundred feet south of Dove, but for some strange reason a pedestrian bridge across the storm drain is blocked and there is no sidewalk in front of 2110 N. Carroll. Because of the blocked pedestrian bridge and no sidewalk at 2110 N. Carroll, there is no continuous sidewalk on either side of Carroll. People must walk or jog in the street and compete with auto and truck traffic. It is a very dangerous situation which should be remedied. Please add this concern to the SPIN meeting notes for June 10: I am requesting the City to build a sidewalk on the west side of Carroll in front of 2110 N. Carroll to the pond at Aspen Ridge Dr and open the existing pedestrian bridge. Thank you Scott Olson 1209 Hat Creek Tr Southlake Attachment F ZA Page 2

16 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 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 4B, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.62 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM AG AGRICULTURAL DISTRICT TO SF-20A 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, Attachment G ZA Page 1

17 WHEREAS, the hereinafter described property is currently zoned as AG Agricultural District under the City s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Attachment G ZA Page 2

18 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 overcrowding 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 4B, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, being approximately 1.62 acres, and more fully and completely described in Exhibit A from AG Agricultural District to SF-20A 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: Attachment G ZA Page 3

19 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Attachment G ZA Page 4

20 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. Attachment G ZA Page 5

21 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 1 st reading the 5 th day of August, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of, Attachment G ZA Page 6

22 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT A Attachment G ZA Page 7

23 Being described as Tract 4B, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, being approximately 1.62 acres. Attachment G ZA Page 8

24 Reserved for approved concept plan Attachment F ZA Page 9

25 Reserved for approved tree conservation plan Attachment F ZA Page 10