PLANNING AND ZONING COMMISSION MEETING / 7:00 PM COUNCIL CHAMBERS

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1 NOTICE OF A SCHEDULED MEETING FOR THE CITY OF MIDLOTHIAN PLANNING AND ZONING COMMISSION TUESDAY, OCTOBER 20, 2015 Pursuant to the provisions of Chapter 551 VTCA Government Code, notice is hereby given of a scheduled meeting of the Midlothian Planning and Zoning Commission, to be held in the Council Chambers of City Hall, 104 West Avenue E, Midlothian, Texas WORKSHOP / 6:00 PM ADMINISTRATIVE CONFERENCE ROOM Review items on the October 20, 2015, Planning and Zoning Commission Agenda. Receive update on City Council Cases. Receive update on Annexation and Comprehensive Plan. PLANNING AND ZONING COMMISSION MEETING / 7:00 PM COUNCIL CHAMBERS CONSENT AGENDA 1. Consider and act upon the Planning and Zoning Commission Minutes Dated: September 15, 2015 REGULAR AGENDA 2. Consider and act upon a request for a masonry exemption for 2206 Lyon Court, Lot 2, Block 3 of the Estates of SomerCrest, Phase 1. Property contains ± 0.45 acres, and is generally located ± 628 feet south of Mt. Zion Road, in the City of Midlothian, Texas (Case No. M ) 3. Consider and act upon a preliminary plat (Case No. PP ) and final plat (Case No. FP ) containing ± acres for Thomas Trail Estates. Property is currently zoned PD-72 and generally located at the northwest corner of F.M. 663 and Tower Road, in the City of Midlothian, Texas. 4. Consider and act upon a preliminary plat for the Farmstead at Midlothian, containing ± acres situated in the George F. Holman Survey, Abstract No. 460, and the H.F. Hinkley Survey, Abstract No. 459, in the City of Midlothian, Ellis County, Texas; being located on the west side of U.S. Highway 67, situated ± 370 feet north of Church Street (Case No. PP ). 5. Consider and act upon a preliminary plat of Mockingbird Lane Addition. Property contains ± acres out of the J J. Coldiron Survey, Abstract 225, the J.T. Powers Survey, Abstract 877, and the E.C. Newton Survey, Abstract 791, being located east and south where Mockingbird Lane curves to the north and south of West Highland Road, in the City of Midlothian, Texas. (Case No. PP ) MISCELLANEOUS DISCUSSION Staff and Commissioner Announcements Adjourn I, Kevin Lasher, Director of Planning for the City of Midlothian, Texas, do hereby certify that this Notice of a Meeting was posted on the front window of City Hall, 104 West Avenue E, Midlothian, Texas, at a place readily accessible to the general public at all times, no later than the 16th day of October, 2015, at or before 6:00 P.M. Page 1 of 1

2 Planning & Zoning Commission Minutes Tuesday, September 15, 2015 MINUTES PLANNING AND ZONING COMMISSION TUESDAY, SEPTEMBER 15, 2015 The Planning and Zoning Commission for the City of Midlothian met on Tuesday evening, in the City Hall Council Chambers located at 104 West Avenue E, Midlothian, Texas. The following Commissioners were present: Ross Weaver Chairman Robert Seeds Vice Chairman Dan Altman Commissioner Lynda Johnson Commissioner Brett Kemp Commissioner James Koehler Commissioner Randy Reed Commissioner The following staff members were present: Kevin Lasher, AICP Director of Planning Alberto Mares, AICP Planning Manager Marcos Narvaez Planner/GIS Coordinator Kathleen Hamilton Administrative Assistant PLANNING AND ZONING COMMISSION MEETING Chairman Weaver called the Planning and Zoning Commission Meeting to order at 7:08 PM. CONSENT AGENDA ITEMS 1. Consider and act upon the Planning and Zoning Commission Minutes Dated: August 18, Consider and act upon a revised preliminary plat (Case No. PP ) containing ± and final plat (Case No. FP ) containing ± for Dove Creek. Property is currently zoned PD-64 and generally located south of McAlpin Road and ± 3,421 feet east of FM 663, in the City of Midlothian, Texas. 3. Consider and act upon proposed amendments to the P&Z Rules of Procedure (Case No. M ) Commissioner Altman moved to approve the Consent Agenda as presented. Motion was seconded by Commissioner Kemp. Action Taken: (7-0) Approved REGULAR AGENDA ITEMS 4. Consider and act upon a request for a masonry exemption for 691 McAda Street. Property is currently zoned Agricultural (A) District containing ± acres, located west of McAda Street and ± 651 feet north of Stevie Mike Road, in the City of Midlothian, Ellis County, Texas. (Case No. M ) Staff presented the agenda item and welcomed questions from the Commissioners. Chairman Weaver moved to approve the agenda item, as presented. Motion was seconded by Vice Chairman Seeds. Action Taken: (7-0) Approved Page 1 of 5

3 Planning & Zoning Commission Minutes Tuesday, September 15, Consider and act upon a revised site plan (Case No. SP ) and preliminary plat (Case No. PP ) containing ± for Pandera Point (PD-47). Property contains ± acres in the J.W. Kizziar Survey, Abstract No. 609 and the J.E. Hadden Survey, Abstract No. 496 generally located on the east side of Walter Stephenson Road in the City of Midlothian, Texas. Staff presented the agenda item and welcomed questions from the Commissioners and asked for the Commission to act separately on each case. Vice Chairman Seeds moved to approve Case No. SP , as presented. Motion was seconded by Commissioner Johnson. Action Taken: (7-0) Approved Vice Chairman Seeds moved to approve Case No. PP , as presented. Motion was seconded by Commissioner Johnson. Action Taken: (7-0) Approved 6. Consider and act upon a request for a masonry exemption for a detached garage and a variance to the City of Midlothian Standard Construction Detail Ordinance No , (Concrete Pavement, Sheet SD-1), to provide an alternative paving material for an alley drive on 511 N. 1 st Street, generally located on the west side of N. 1 st Street and ± 90 feet south of Rockcliff Dr. in the City of Midlothian, Texas. (Case No. M ) Staff presented the agenda item and welcomed questions from the Commissioners. Commissioner Altman moved to approve the masonry exemption for the new garage structure in the rear, as presented, and also moved to approve the variance to the Standard Construction Details paving standards, subject to the following conditions: 1) The City Engineer shall approve the alternative pavement and design prior to installation. 2) The alternative pavement shall be a minimum 12 feet wide and be extended to the southern limits of this property. 3) Any new pavement that is not concrete or asphalt shall be good for a period of five (5) years; afterwards, this area shall be paved with asphalt by the property owners. Motion was seconded by Vice Chairman Seeds. Action Taken: (7-0) Approved 7. Consider and act upon a request for a masonry exemption on 4470 E. Highway 287. Property is generally located on the south side of East Highway 287 and ± 2,400 feet east of Walnut Grove Road in the City of Midlothian, Texas. (Case No. M ) Staff presented the agenda item and welcomed questions from the Commissioners. Vice Chairman Seeds moved to deny the masonry exemption for structure in the rear on the basis that surrounding business are constructed with masonry as required in the Commercial (C) Zoning District. Also, Vice Chairman Seeds suggested the applicant re-submit the request showing more masonry coverage to the front and side facades. Motion was seconded by Vice Chairman Seeds. Action Taken: (6-1) Deny Commissioner Altman voted in opposition. Page 2 of 5

4 Planning & Zoning Commission Minutes Tuesday, September 15, 2015 PUBLIC HEARING S 8. Consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance No , as amended, by rezoning ± acres from Agricultural (A) District (± 50 acres) and Planned Development PD-40 District (± acres) to a Single Family One (SF-1) District for single family residential uses with a minimum of one acre lots. Said acreage being situated in the J. Coldiron Survey, Abstract 225, J.T. Powers Survey, Abstract 877 and the E.C. Newton Survey, Abstract 791, being located east and south where Mockingbird Lane curves to the north and south of West Highland Road, in the City of Midlothian, Texas. (Case No. Z ) Staff presented the agenda item and welcomed questions from the Commissioners. Chairman Weaver addressed the audience for anyone wanting to address the Planning and Zoning Commission in regards to this public hearing, with no one turning in a Citizen Participation Form, Chairman Weaver asked the Commissioners if they had further questions to the applicant or staff. Commissioner Altman moved to close the Public Hearing. Motion was seconded by Vice Chairman Seeds. Action Taken: (7-0) Close Public Hearing Chairman Weaver moved to approve this agenda item, as presented by staff. Motion was seconded by Commissioner Koehler. Action Taken: (7-0) Approved 9. Consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance No , as amended, by rezoning ± acres (the Zoning Area) from Agricultural (A) District and Single Family One (SF-1) District to a Planned Development District No. 79 (PD- 79) for Commercial (C) uses with architectural controls (Case No. Z ); and a Specific Use Permit (SUP) to allow a unified signage plan for ground and pylon signage, with architectural controls, to exceed the size and height of signage typically allowed in the Commercial (C) District (Case No. SUP ); said Zoning Area being situated within the M.T. Hawkins Survey, Abstract No. 463, the Benjamin F. Hawkins Survey, Abstract No. 464, and the William Rawlins Survey, Abstract No. 915, in the City of Midlothian, Ellis County, Texas; being located at the southeast corner of the US 287 Bypass and FM 663. Staff presented the agenda item and welcomed questions from the Commissioners. Chairman Weaver addressed the audience for anyone wanting to address the Planning and Zoning Commission or give their written opinion in regards to this public hearing they would need to submit a Planning and Zoning Commission Citizen Participation Form. The following spoke in opposition: 1. Tiffany Carra 1720 Windswept Drive, Midlothian, TX Jackie McDonald 6410 Mt. Peak Court, Midlothian, TX Jacob Dilliplane 911 South Ridge Drive, Midlothian, TX The following spoke in support: 1. Alan Jackson 6261 Fox Hollow, TX James Smith 5410 Compassion Drive, TX The developer and applicant addressed the Commissioners for comments or questions. Commissioner Altman moved to close the Public Hearing. Page 3 of 5

5 Planning & Zoning Commission Minutes Tuesday, September 15, 2015 Motion was seconded by Commissioner Johnson. Action Taken: (7-0) Close Public Hearing Commissioner Altman moved to approve this rezoning request and specific use permit, including all five applicant appeals, with the following condition: 1. That the pylon sign proposed for the middle portion of the frontage along the US 287 Bypass, designated as Pylon No. P-4, not exceed twenty-five feet (25 ) in height. Motion was seconded by Vice Chairman Seeds. Action Taken: (7-0) Approved REGULAR AGENDA 10. Consider and act upon a preliminary plat for Midlothian Towne Crossing, Lots 1-14, Block A, containing ± acres situated in the Benjamin F. Hawkins Survey, Abstract No. 464, the Marcellus Hawkins Survey, Abstract No. 463, and the William Rawlins Survey, Abstract No. 915, in the City of Midlothian, Ellis County, Texas; being located at the southeast corner of the US Highway 287 Bypass and FM 663. (Case No. PP ) Staff presented the agenda item and welcomed questions from the Commissioners. Chairman Weaver moved to approve this plat, with the following conditions: 1. The final plat shall include additional right-of-way dedications along FM 663 to allow for auxiliary lanes. 2. The final plat shall include 25' corner clips on Hawkins Run Road and Harvest Hill Drive at FM 663. Harvest Hill Drive shall be dedicated separately as a public right-of-way extending from the east line of FM 663 eastward to the platted area boundary. 3. The final plat will need to establish easements to accommodate existing utilities and city facilities within Mt. Zion Road and Meadowbrook Drive after these thoroughfares are vacated. Such thoroughfares shall be vacated by separate instrument approved by the City Council and recorded with Ellis County. Said recording information shall be noted on the appropriate phase of the final plat. 4. In conjunction with the aforementioned thoroughfare vacations, a temporary access easement may be required to maintain access to existing residential properties to the east of the platted area. If required, such temporary easement shall be established by separate instrument during the final plat review. 5. The final plat shall include a 10' utility easement along FM 663 and Hawkins Run Road. 6. The final plat shall establish a sanitary sewer easement(s) that traverses the platted area at locations approved by the City Engineer or designee. 7. A separate drainage easement shall be required for the routing of off-site drainage across the platted area at locations approved by the City Engineer or designee. Motion was seconded by Commissioner Kemp. Action Taken: (7-0) Approved 11. Consider and discuss a rezone for Windsor Hills, containing ± acres (the Zoning Area) from Planned Development 11 (PD-11), Agricultural (A) and Single Family One (SF-1) Districts to a Planned Development District No. ## (PD-##) for residential uses, retail and office uses and community facilities. Said Zoning Area being situated within the M.E.P.&P.R.R. Co. Survey, Abstract No. 761, the Allen Reeves Survey, Abstract No. 939, the B.F. Berry Survey, Abstract No. 157, the Joseph Stewart Survey, Abstract No. 961, and the J. Jones Survey, Abstract No. 583; being located north of the intersection of US Highway 287 and Kimbel Road (Case No. Z , (Discussion Only) Page 4 of 5

6 Planning & Zoning Commission Minutes Tuesday, September 15, 2015 Staff reported to the Commissioners that the main purpose of this agenda item is to receive a presentation from staff and applicant regarding the details of this proposed zoning case. The Commission was asked to review, deliberate and provide additional direction and input on this request without taking a vote. It is the intention of both the applicant and staff to provide the Commission more time to understand the complexities of this proposal so that they may be able to make a more informed decision and official recommendation at the next meeting. A public hearing will be scheduled on this agenda item for the next regularly meeting of the Planning and Zoning Commission, which is scheduled for October 20, MISCELLANEOUS DISCUSSION Staff and Commissioner Announcements none Commissioner Altman moved to adjourn the meeting. Commissioner Koehler seconded the motion. Action Taken: (7-0) Meeting Adjourned at 10:30 pm 09/15/15 Page 5 of 5

7 AGENDA ITEM NO. 2 AGENDA CAPTION: Consider and act upon a request for a masonry exemption for 2206 Lyon Court, Lot 2, Block 3 of the Estates of SomerCrest, Phase 1. Property contains ± 0.45 acres, and is generally located ± 628 feet south of Mt. Zion Road, in the City of Midlothian, Texas (Case No. M ) RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve this masonry exemption, as presented. BACKGROUND INFORMATION: Purpose: The applicant requests to use a combination of 66% masonry (brick & natural stone), 28% hard coat stucco and 6% siding material (i.e. Hardi-board siding) on a new 5,474 square foot home. The property is located within Planned Development (PD-34) which requires all homes within the subdivision to consist of 90% masonry coverage, thus triggering the need for this request. Prior Action/History: The City Council originally approved Planned Development (PD-34) District for the Estates of SomerCrest on July 25, 2006, under Ordinance On March 17, 2015, the Planning & Zoning (P&Z) Commission approved a final plat for this property. No other history or action has occurred on this property. ANALYSIS: Surrounding Zoning and Land Uses: Direction: Existing Land Use: Existing Zoning Classification: Future Land Use Classification Subject Property Residential Agricultural (A) Country Module North Residential Agricultural (A) Country Module South Residential Agricultural (A) Country Module East Undeveloped Agricultural (A) Country Module West Residential Planned Development (PD-66) Country Module Comprehensive Plan/Future Land Use Plan: The Comprehensive Plan s Future Land Use Plan shows this site being located within the Country Module. Architectural Design: The proposed home will contain a Hill Country Modern architectural theme to include metal roofing, cedar supports, and a combination of exterior surfaces consisting of natural stone, brick, stucco, and siding. Stucco is not an approved masonry material for residential development, as defined in the Masonry Definitions, Section Typical hard-coat (or three-coat) stucco Page 1 of 7

8 installation involves the following layers: a moisture barrier, metal lath, a scratch coat, a brown coat and then a finish coat. Hard-coat stucco is a strong, long lasting material that is fire-resistant and sheds water, but breathes, allowing water vapor to escape. This form of stucco is composed of cement, lime, sand, and water. Fiberglass is also added to the mixture to help prevent the formation of cracks. See diagram below for details: Attachment 3 contains examples of other Hill Country Modern architectural theme homes. LEGAL REQUIREMENTS: The issuance of the masonry exemption is allowed under Section of the Zoning Ordinance. Approval of this request is at the discretion of the Planning & Zoning Commission if the alternative exterior material is determined it is equivalent or better than masonry. Consideration shall be based on the following criteria: 1) Architectural design and creativity, 2) Compatibility with surrounding developed properties. CONCLUSION: Overall, this design provides a 66% total masonry coverage (excluding windows and doors), which is 24% below the 90% requirement for homes located in the PD-34 District. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve this masonry exemption request, as presented. ACTION NEEDED: 1. Approve the masonry exemption as presented. 2. Approve the masonry exemption with changes. 3. Deny this masonry exemption. ATTACHMENTS: 1. Location Map 2. Proposed Elevations Page 2 of 7

9 3. Examples of Hill Country Modern architecture SUBMITTED AND PRESENTED BY: Marcos Narvaez, Planner/GIS Coordinator Tuesday, October 20, 2015, Planning & Zoning Commission Meeting REVIEWED BY: Alberto Mares, AICP, Planning Manager Tuesday, October 20, 2015, Planning & Zoning Commission Meeting REVIEWED AND APPROVED BY: Kevin J. Lasher, AICP, Director of Planning Tuesday, October 20, 2015, Planning & Zoning Commission Meeting Page 3 of 7

10 ATTACHMENT 1 Location: Estates of SomerCrest Lot 2, Block 3 Page 4 of 7

11 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 Page 5 of 7

12 Page 6 of 7

13 ATTACHMENT 3 Page 7 of 7

14 AGENDA ITEM NO. 3 AGENDA CAPTION: Consider and act upon a preliminary plat (Case No. PP ) and final plat (Case No. FP ) containing ± acres for Thomas Trail Estates. Property is currently zoned PD-72 and generally located at the northwest corner of F.M. 663 and Tower Road, in the City of Midlothian, Texas. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission act separately on each case. Staff recommends approval of the preliminary plat, as presented. Staff also recommends approval of the final plat, as presented. BACKGROUND INFORMATION: Purpose: The applicant, Charles Jowell, is seeking approval for a preliminary plat for property zoned Planned Development District (PD-72) containing 89 residential lots and 3 open space lots. The applicant is also requesting approval of the final plat. Prior Action/History: This area was annexed into the City under Ordinance On December 9, 2014, the City Council approved the rezone request to Planned Development District (PD-72). There is no previous zoning or subdivision history on this property. ANALYSIS: Surrounding Zoning and Land Uses: Direction: Subject prop. North South East Existing Land Use: Undeveloped Single-family residence Single-family residential subdivision/school Single-family residential subdivision Existing Zoning Classification: Planned Development (PD-72) Agricultural (A) Single-Family Four (SF-4)/ Agricultural (A) Single-Family Two (SF-2) Future Land Use Classification Suburban Module Suburban Module Suburban Module Suburban Module West Undeveloped Agricultural (A) Suburban Module Comprehensive Plan/Future Land Use Plan: The Future Land Use element of the Comprehensive Plan shows this proposed development is located in the Suburban Module, where the primary land use is residential uses ranging in density from 2-5 du/acre. With this development having a net residential density of 2.96 units per acre (89 residential lots/30 residential acres), this development conforms to the Suburban Module of the Comprehensive Plan. Page 1 of 6

15 Thoroughfare Plan/Transportation: The Thoroughfare Plan designates F.M. 663 as a major thoroughfare requiring a total right-of-way dedication of 120 feet. Tower Road is designated as a major collector requiring a total right-ofway dedication of 80 feet. Both plats include a right-of-way dedication of 20 feet along F.M. 663 and approximately 22 feet along Tower Road. The plats also include a road stub to the west to improve internal traffic circulation in this area. Per PD-72, the developer shall be required to include an auxiliary (right-turn) lane along F.M. 663 at Tower Road constructed to City and TxDOT road standards. This improvement will be added to the City s roadway impact fee CIP as an eligible project. A developer agreement shall be drafted and executed for the required infrastructure improvements along F.M. 663 and Tower Road. This agreement shall also address roadway impact fee reimbursement for construction of the auxiliary lane on F.M 663. Water and Sanitary Sewer Services: Mountain Peak water and City sewer will service this area. A developer agreement shall be drafted and executed to address the cost-sharing of off-site sanitary sewer improvements. Environmental Considerations: Although this property does not show to be located within the FEMA-designated 100-year floodplain, any drainage plans must be reviewed by the Engineering Department to ensure compliance with the City s storm water management regulations during the engineering plan review stage. LEGAL REQUIREMENTS Section 212 of the Texas Local Government Code states all plats must be acted upon within 30 days of receiving a complete application. If a plat is not acted upon within those 30 days, the plat is automatically approved, unless otherwise waived. Also, if the plat meets all requirements of the Subdivision Regulations, it must be approved. CONCLUSION: The preliminary and final plat meets the requirements set forth in the Subdivision Regulations and conforms to the requirements for PD-72 zoning approved by the City Council. ACTION NEEDED: 1. Approve the preliminary and final plat. 2. Table both plats to another date. RECOMMENDATION (RECAP): Staff recommends that the Planning and Zoning Commission act separately on each case. Staff recommends approval of the preliminary plat, as presented. Staff also recommends approval of the final plat, as presented. ATTACHMENTS: 1. Location Map 2. Preliminary and Final Plat Page 2 of 6

16 SUBMITTED AND PRESENTED BY: Marcos Narvaez, Planner/GIS Coordinator Tuesday, October 20, 2015, Planning & Zoning Commission Meeting REVIEWED BY: Alberto Mares, AICP, Planning Manager Tuesday, October 20, 2015, Planning & Zoning Commission Meeting REVIEWED AND APPROVED BY: Kevin J. Lasher, AICP, Director of Planning Tuesday, October 20, 2015, Planning & Zoning Commission Meeting Page 3 of 6

17 ATTACHMENT 1 Page 4 of 6

18 PRELIMINARY PLAT ATTACHMENT 2 Page 5 of 6

19 FINAL PLAT Page 6 of 6

20 AGENDA ITEM NO. 4 AGENDA CAPTION: Consider and act upon a preliminary plat for the Farmstead at Midlothian, containing ± acres situated in the George F. Holman Survey, Abstract No. 460, and the H.F. Hinkley Survey, Abstract No. 459, in the City of Midlothian, Ellis County, Texas; being located on the west side of U.S. Highway 67, situated ± 370 feet north of Church Street (Case No. PP ). RECOMMENDATION: The Development Review Committee recommends approval of this Preliminary Plat request per the conditions contained in the RECOMMENDATION RECAP section of this report. BACKGROUND INFORMATION: Purpose: Applicants Steven and Bridgett Hawks with 360 Grassroots is seeking approval of a Preliminary Plat for approximately 58 lots for a proposed mix-use development. This development would include live-work businesses and neighborhood retail uses within an architecturally controlled district composed of historically themed buildings. Several of the buildings proposed for this development would be relocated structures from the nearby historic Anderson farmstead property. The platted area is zoned Planned Development District No. 76 (PD 76) for mix-use retail and commercial uses with a special events center (wedding venue), including live-work businesses and neighborhood retail uses. This project was previously named the Anderson Farms project. Prior Action/History: The subject property was annexed with an Agricultural (A) zoning designation in late It was subsequently rezoned to SF-4 in On February 24, 2015, the City Council, after receiving a recommendation of approval from the Planning and Zoning Commission, adopted Ordinance establishing Planned Development District No. 76. There is no record of any previous platting activity for the subject site. ANALYSIS: Zoning and Land Uses: Direction: Existing Land Use: Existing Zoning Classification: Subject prop. North South East West Undeveloped Undeveloped w/ a rural homestead J.A. Vitovsky Elementary School and an apartment complex. Light industrial buildings on east side of Hwy. 67 Vacant land and an apartment complex. PD 76 for mix-use retail, commercial, a special events center (wedding venue), live-work businesses and neighborhood retail uses. Single Family Four (SF-4) District Single Family Four (SF-4) Multifamily (MF) Districts Light Industrial (LI) District Single Family Four (SF-4) Multifamily (MF) Districts Future Land Use Classification: Suburban & Industrial Module Industrial Module Suburban Module Industrial Module Suburban & Industrial Module Page 1 of 7

21 Comprehensive Plan/Future Land Use Plan: The Comprehensive Plan s Future Land Use Map shows this property to be situated in both the Suburban and Industrial Module. The proposed used would serve as an adequate transitional use between both long range land use classifications. Thoroughfare Plan/Transportation: Per the Comprehensive Plan s Master Thoroughfare Plan, N. 9 th Street is classified as an existing Minor Arterial. Minor Arterials typically serves secondary traffic generation, such as community shopping areas, office complexes, high schools, and larger parks and recreation areas. The ultimate right-of-way required for a Minor Arterial is 90 feet in width. Therefore, 45 feet of right-of-way, as measured from the apparent centerline of N. 9 th Street, will be required for this project at the final platting stage. It is anticipated N. 9 th Street would be utilized for main ingress and egress into the wedding venue lot labeled as Lot W1. Primary access to the retail and commercial lots will be provided by the southbound service road of U.S. Highway-67. Southbound ramp access from U.S. Highway-67 would come from the Midlothian Parkway/Dove Lane off-ramp to the north. TxDOT driveway permits will be required to secure access from U.S. Highway-67. Internal access would be provided through a dedicated twenty-four foot (24 ) wide access and utility easement. These easements may contain street names so to establish a specific property identification for each lot for improved mail delivery and emergency response. The Fire Department will work with the applicant in developing a street naming plan at time of final plat review. Water and Sanitary Sewer Services: Both City water and City sewer currently service this site. Environmental Considerations: No portion of the subject site appears to lie within the 2013 FEMA floodplain maps. However, it is anticipated on-site drainage detention will be required for the project. Drainage plans must be reviewed to ensure compliance with any storm water management regulations during the engineering plan review stage. LEGAL REQUIREMENTS: Section 212 of the Texas Local Government Code states all plats must be acted upon within 30 days of receiving a complete application. If a plat is not acted upon within those 30 days, the plat is automatically approved, unless otherwise waived. Also, if the plat meets all requirements of the Subdivision Regulations, it must be approved. CONCLUSION: This Preliminary Plat application is complete and meets all the requirements set forth in the Subdivision Regulations. ACTION NEEDED: 1. Approval with conditions. RECOMMENDATION (RECAP): The Development Review Committee recommends approval of this Preliminary Plat with the following conditions: Page 2 of 7

22 1. All required fire lanes and access drives shall be paved with reinforced concrete and be engineered and constructed to accommodate the weight of an 80,000 pound vehicle. 2. TxDOT permits for required drive approaches from U.S. Highway-67 frontage roads shall be required prior to site work construction. 3. Forty-five feet (45 ) of right-of-way, as measured from the apparent centerline of N. 9 th Street, will be required to be dedicated for this project at the final platting stage. ATTACHMENTS: 1. Location Map 2. Preliminary Plat (and supporting plans -3 pages) REVIEWED AND PRESENTED BY: Kevin J. Lasher, AICP, Director of Planning Tuesday, October 20, 2015, Planning and Zoning Commission Meeting Page 3 of 7

23 Page 4 of 7 ATTACHMENT 1

24 Page 5 of 7 ATTACHMENT 2. Page 1 of 3

25 Page 6 of 7 ATTACHMENT 2 Page 2 of 3

26 Page 7 of 7 ATTACHMENT 2 Page 3 of 3

27 AGENDA ITEM NO. 5 AGENDA CAPTION: Consider and act upon a preliminary plat of Mockingbird Lane Addition. Property contains ± acres out of the J J. Coldiron Survey, Abstract 225, the J.T. Powers Survey, Abstract 877, and the E.C. Newton Survey, Abstract 791, being located east and south where Mockingbird Lane curves to the north and south of West Highland Road, in the City of Midlothian, Texas. (Case No. PP ) RECOMMENDATION: Staff recommends approval of this preliminary plat, with the following conditions listed in the Recap section. BACKGROUND INFORMATION: Purpose: The applicant, Brett Forman, is seeking to preliminary plat this property for 76 one-acre lots for single family residential use. Prior Action/History: The subject property was annexed into the City in 2004, under Ordinance A rezone request on the southern portion of the property was approved by the City Council as Planned Development 40 (PD-40) under Ordinance for lot sizes ranging from 9,400 to 27,000 square feet. No subsequent permit activity has occurred after the zoning was approved. A rezone to Single Family One (SF-1) is pending before the next City Council meeting scheduled for November 10, No subdivision history exists for this property. ANALYSIS: Surrounding Zoning and Land Uses: Direction: Existing Land Use: Existing Zoning Classification: Subject prop. Undeveloped PD-40 and Agricultural (A) North Single family residential ETJ Future Land Use Classification Suburban & Country Modules Country Module South Undeveloped Agricultural (A) Suburban Module East Mostly undeveloped ETJ Suburban Module West Undeveloped and single family residential Agricultural (A) Suburban Module Comprehensive Plan/Future Land Use Plan: The Comprehensive Plan s Future Land Use Plan shows the southern half of this property is located in the Suburban Module while the northern half is in the Country Module. The requested rezoning to Single Family One (SF-1) District with one-acre lots conforms to the adopted Comprehensive Plan and surrounding land use zoning. Page 1 of 9

28 Thoroughfare Plan/Transportation: All local streets shall provide a ROW width of 60 feet. This will allow for bar ditches and allows for 28 foot wide streets verses 50 feet ROW and 31 feet wide streets. There are three (3) thoroughfares with four (4) different classifications that are either adjacent or run through this proposed development. These thoroughfares include the following: North Mockingbird Lane is listed as a major collector (80 feet of right-of-way) and runs in a north/south direction from West Highland to the southern limits of this property. West Highland Road is located at the northern limits and is classified as a minor collector (60 feet of ROW) and runs in an east/west direction. Mockingbird Lane is listed as a major arterial (90 feet of ROW) from the west and transitions into a minor collector (60 feet ROW) east of the intersection with North Mockingbird Lane. Staff is requesting additional right-of-way dedication of 10 feet along W. Highland and the north/south segment of Mockingbird Lane due to the built-out nature on the other side of the street, which are already platted. Those lots were previously platted when it was in the County under different thoroughfare requirements and makes it more difficult to acquire additional right-of-way. As a new development and a new Thoroughfare Plan adopted in 2007, additional right-of-way is needed for the ultimate width required for these new roads. A driveway variance will be required for approximately two (2) lots to have direct driveway access onto the proposed major collector. Staff supports this variance request under the condition that a shared drive shall only be permitted. Water and Sanitary Sewer Services: Water to this site will be provided by Sardis Lone Elm and this development will also have on-site septic systems. Each lot has to have a minimum one-acre net outside the floodplain. Environmental Considerations: Approximately two (2) acres in the southwest corner of this property are located in the current FEMA-designated 100-year floodplain. Any drainage plans must be reviewed to ensure compliance with any storm water management regulations during the engineering plan review stage. Fencing: The Zoning Ordinance states that a either a six-foot high masonry wall with decorative landscaping or architectural steel/ornamental iron with decorative landscaping is required with along all thoroughfares with rights-of-way greater than or equal to 80 feet. Architectural & Lot Design: Any new residential structures placed are required to meet the minimum 90% masonry requirement. A lot layout will be forthcoming at the platting stage; it is not required at the zoning stage for a straight zoning request. LEGAL REQUIREMENTS Section 212 of the Texas Local Government Code states all plats must be acted upon within 30 days of receiving a complete application. If a plat is not acted upon within those 30 days, the plat Page 2 of 9

29 is automatically approved, unless otherwise waived. Also, if the plat meets all requirements of the City of Midlothian Subdivision Regulation Ordinance, 88-14, as amended, it must be approved. CONCLUSION: This plat meets all the requirements of the requested SF-1 zoning that is pending before the City Council. ACTION NEEDED: 1. Approve the plat with conditions & variance RECOMMENDATION RECAP: Staff recommends approval of this preliminary plat, with the following conditions: 1. City Council approval of the requested rezone to Single Family One. 2. Approval of the variance to allow direct drive access onto a major collector provided it be only one shared drive. ATTACHMENTS: 1. Location Map 2. Preliminary plat SUBMITTED AND PRESENTED BY: Alberto Mares, AICP, Planning Manager Tuesday, October 20, 2015, Planning & Zoning Commission Meeting REVIEWED AND PRESENTED BY: Kevin J. Lasher, AICP, Director of Planning Tuesday, October 20, 2015, Planning & Zoning Commission Meeting Page 3 of 9

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