Department of Planning & Development Services

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1 Department of Planning & Development Services S T A F F R E P O R T December 10, 2013 CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: ZA Zoning Change and Concept Plan for Chesapeake Place Addition Hat Creek Development is requesting approval of a Zoning Change and Concept Plan from C2 Local Retail Commercial to SF-20A Single Family Residential District for Chesapeake Place Addition on property described as a portion of Lot 2, Block 1, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas. SPIN Neighborhood #11 Hat Creek Development is requesting approval of a Zoning Change and Concept Plan from C2 Local Retail Commercial to SF-20A Single Family Residential District for Chesapeake Place Addition. The proposed development consists of three (3) residential lots on 1.78 acres (01.69 du/acre) with frontage on Chesapeake Lane. The development details are noted in the applicants narrative in Attachment C of this staff report. This development is related to and being processed concurrently with a Comprehensive Land Use Plan Amendment under Planning Case CP Variance There is a variance being requested for this development for Lotting of Lot 2 and Lot 3. The property line (Lots 2 and 3) of the development does not meet the lotting requirements as required in the Subdivision Ordinance, Article 8, Section 8.01; Lotting, Section D: All side lot lines shall be perpendicular to the ROW lines or radial in the case of a cul-de-sac or curvilinear design. (As amended by Ord. No. 483-D). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2 nd Reading Zoning Change & Concept Plan Approval 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 November 14, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No (G) Full Size Plans (for Council Members only) STAFF CONTACT: Ken Baker (817) Patty Moos (817) ZA13-126

2 BACKGROUND INFORMATION OWNER: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: PROPOSED LAND USE: CURRENT ZONING: REQUESTED ZONING: Southlake PSE, Inc. Hat Creek Development 3101 W. Southlake Boulevard Portion of Lot 2, Block 1, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas Retail Commercial Medium Density Residential District C2 Local Retail Commercial District SF-20A Single Family Residential HISTORY: November 6, 1990, City Council approved the final plat for Lots 1 and 2 for J.G. Allen #18 Addition (ZA90-53) November , City Council approved C2 zoning for for J.G. Allen #18 Addition (ZA90-52) SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Retail Commercial. The developer is requesting a Land Use Plan Amendment to change the site from Retail Commercial to Medium Density Residential development. The development as proposed appears to be consistent with the intent of the requested land use designation at this location. Pathways Master Plan Sidewalks along the north side of Chesapeake Lane will be constructed with this development. TREE PRESERVATION: UTILITIES: The applicant is proposing to preserve the seven (7) existing trees in the street right-of-way tree. There are no other trees on the property. Water The site has access to an existing 8-inch water line along Chesapeake Lane Attachment B ZA Page 1

3 Sewer The site has access to an existing 8-inch sewer line along Chesapeake Lane. PLANNING AND ZONING COMMISSION ACTION: November 21, 2013; Approved (5-0) Ordinance No subject to Concept Plan Review Summary No. 2 dated November 14, 2013 and subject to Staff report dated November 15, 2013; granting requested variance. CITY COUNCIL ACTION: December 3, 2013; Approved on consent (6-0). STAFF COMMENTS: Attached is Concept Plan Revised Review Summary No. 2, dated December 11, 2013 N:\Community Development\MEMO\2013 Cases\126 - ZCP - Chesapeake Place\Staff Report Attachment B ZA Page 1

4 Attachment B ZA Page 1

5 Plans and Support Information Attachment C ZA Page 1

6 Proposed Concept Plan Attachment C ZA Page 2

7 CONCEPT PLAN REVIEW SUMMARY : ZA Revised Review No.: Two Date of Review: 12/11/13 Project Name: Chesapeake Place APPLICANT: Hat Creek Development ENGINEER: Hamilton Duffy Kosse Maykus Keith Hamilton P.O. Box Mid-Cities Blvd. #100 Southlake, TX N. Richland Hills, TX Phone: Phone: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/14/13 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. Patty Moos Planner I Phone: (817) pmoos@ci.southlake.tx.us Planning Review 1. Modify label for the adjacent zoning districts: a. Lot 4, Block 4, Chesapeake Place should read: Zoning: R-PUD b. Lot 1, Block 1J,G Allen No. 18 should read: Zoning: C2 Local Retail Commercial 2. The development does not meet the lotting requirements as required in the Subdivision Ordinance, Article 8, Section 8.01; Lotting, Section D: All side lot lines shall be perpendicular to the ROW lines or radial in the case of a cul-de-sac or curvilinear design. (As amended by Ord. No. 483-D). A variance has been requested for this requirement. Alejandra Ayala, P.E. Civil Engineer Phone: (817) aayala@ci.southlake.tx.us Public Works/Engineering Review GENERAL COMMENTS: * Street intersections must comply with TDLR/ADA accessibility standards. * Sidewalk widths must conform to the Southlake Pathways Plan. * Sight distances shall be required to conform to AASHTO guidelines on adjacent collectors and arterials. Attachment D ZA Page 1

8 * Use the City of Southlake GPS monuments whenever possible. Information can be found in the City of Southlake website: EASEMENTS: 1. Label the 15-foot utility easement between Lots 2 and The distance between the proposed 15-foot utility easement on the west and the existing drainage easement on the east of Lot 3 may restrict the placement of a driveway. * Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER AND SEWER COMMENTS: * The water meters must be located in an easement or right-of-way. * All water and sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. With civil construction plan submittal, provide as-built plans of the drainage calculations for the 1999 Chesapeake Place Development. This will serve as documentation that the developed flows from this area were accounted for in the original plans as stated on the plan sheet. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22 x 34 full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City s website. * A ROW permit shall be obtained from the Public Works Operations Department for connections with the City s sewer, water or storm drain inlets. Contact Public Works Operations at (817) * A Residential Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer s Agreement on the City Council agenda for consideration. * Payment, Performance and a separate 2-year Maintenance Bond for public infrastructure shall be required for this development. The 2-year Maintenance Bond shall be bound only unto the City of Southlake. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way as required per the Commercial Developer Agreement. * Any hazardous waste being discharged must be pretreated, Ordinance No Attachment D ZA Page 2

9 General Informational Comments * 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Attachment D ZA Page 3

10 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Chesapeake Place SPO# Owner Name Zoning Address Acreage Response 1. Century Property Partners Llc SP Dallas Pkwy 4.91 NR 2. Southlake Pse Inc C W Southlake Blvd 4.26 F 3. Southlake, City Of RPUD 1400 Main St Ste NR 4. Venteicher, Edward R Etux Kare RPUD 3145 Ironclad Ct 0.43 NR 5. Horan, Christilee & Richard RPUD 3135 Ironclad Ct 0.43 NR 6. Rowston, Mark Etux Bernadine RPUD 3130 Ironclad Ct 0.43 O 7. Huon, Chay RPUD 3140 Ironclad Ct 0.50 NR 8. Alvarez, Lamberto Jr Etux Eliz RPUD 255 Chesapeake Ln 0.44 O 9. Wang, Jerry N Etux Judy H RPUD 245 Chesapeake Ln 0.39 O 10. Dupree, Denise D Etvir Robert RPUD 235 Chesapeake Ln 0.42 NR 11. Ventura, Kristina Etvir Elliot RPUD 225 Chesapeake Ln 0.41 NR 12. Finch, Richard RPUD 220 Chesapeake Ln 0.39 NR 13. Smith, Sam J Etux Lisa G RPUD 230 Chesapeake Ln 0.43 NR 14. Williams, Billy E & Lavinia RPUD 115 Surrey Ct 0.48 NR 15. Singh, Ripu Daman Etux Pooja D RPUD 712 Bryson Way 0.57 NR 16. King, Kiesha Tonyell RPUD 100 Surrey Ct 0.42 NR 17. St Martin In-The-Fields Epis SP2 223 S Pearson Ln NR 18. Quad 9 Sandy Lane I LP SP1 902 Turnberry Ln 0.64 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses Received: In Favor: 1 No Response: 15 Opposed: 3 Attachment E ZA Page 1

11 Attachment E ZA Page 2

12 Attachment E ZA Page 1

13 Attachment E ZA Page 2

14 Attachment E ZA Page 3

15 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 DESCRIBED AS A PORTION OF LOT 2, BLOCK 1, J.G. ALLEN NO. 18 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.78 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM C2 LOCAL RETAIL COMMERCIAL TO SF-20A SINGLE FAMILY RESIDENTIAL DISTRICT FOR CHESAPEAKE PLACE ADDITION, 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 C2 Local Retail

16 Commercial 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

17 interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general 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:

18 Being described as a portion of Lot 2, Block 1, J.G. Allen Addition- City of Southlake, Tarrant County, Texas, being 1.78 acres, and more completely described in Exhibit A from C2 Local Retail Commercial to SF-20A Single Family Residential District for Chesapeake Place Addition as depicted on the approved Development 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 overcrowding 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

19 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

20 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 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 3rd day of December, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of, MAYOR ATTEST: CITY SECRETARY

21 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE:

22 EXHIBIT A Being described as Portion of Lot 2, Block 1, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas. RESERVED FOR METES AND BOUNDS DESCRIPTION

23 EXHIBIT B RESERVED FOR APPROVED CONCEPT PLAN