Memorandum June 1, 2021

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P:\- Planning Dept\DEVELOPMENT FILES\Zoning\2021\ZA2021-01 Triple Crown Estates\Staff Reports\ZA2021-01 Triple Crown Estates TC June.docx

Memorandum

June 1, 2021

TO: Town Council

Julie Couch, Town Manager FROM: Israel Roberts, AICP

Planning Manager

SUBJECT: TRIPLE CROWN ESTATES

BACKGROUND: This is a request for approval of a change in zoning of a 28+/- acre tract of land from the (PC) Planned Center District with (RE-2) two-acre Ranch Estate design standards to a new (PC) Planned Center with modified (RE-1.5) One-and-one-half-acre Ranch Estate and (RE-3) Three-acre Ranch Estate standards. The site is located on the north side of Stacy Road, west of Kentucky Lane. Applicant: Justin Jinright, representing owner JDRP Fairview Derby Development. (ZA2021-01)

STATUS OF ISSUE: The applicant proposes to rezone the entire subject 28-acre tract of land to a new (PC) Planned Center District divided into two separate tracts.

Tract A, contains approximately 17.3-acres and would feature a 10-lot residential subdivision, accessed by a split-entry cul-de-sac street, with modified (RE-1.5) One-and-one-half-acre Ranch District Standards. As shown, that applicant has proposed the following modified setbacks standards for the main home on each lot:

Required per (RE-1.5) Proposed (Divergence)

Front 35 40 (+5)

Side 50 35 (-15)

Rear 35 50 (+15)

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Tract B contains the norther 10.7-acres of the entire site, and will remain in its existing condition. Currently this remaining parcel contains a 1,472 square foot residence, and two (2) metal accessory buildings, all of which were constructed in the 1970’s. This tract would be directly connected and accessed by a private driveway that adjoins to Stacy Road along the eastern side of the property (relocated from western side of the property). Tract B would be designated for the (RE-3) Three-acre Ranch Estate District, however, the minimum lot area would be increased to 10-Three-acres. This minimum lot area would ensure that no further subdivision can occur, without having to process another zoning application through the Town. If approved, Tract B will not be included within the future subdivision of Tract A.

Additional plan highlights include a 10-feet wide sidewalk easement (maintained by the HOA), located between proposed Lots 3 and 4, continuing along the western rear property line of Lots 4 and 5, and connecting to the southeast corner of Sloan Creek Middle School, and the intent to maintain three (3) mature Pecan trees located near the terminus of the cul-de-sac.

HISTORY: In 2020, the Town Council approved a rezoning of this site from the (AG) Agriculture District to a (PC) Planned Center District with (RE-2) Two-acre Design standards. That proposal included thirteen (13), two-acre residential lots, accessed by a cul-de-sac street, encompassing the entire 28-acre site. In comparison, this proposed rezoning, decreases the total number of lots by two (from 13 to 11), and only develops the southern 17.3-acres, instead of the entire 28-acre tract. CONPREHENSIVE PLAN: According to the Comprehensive Plan and the Future Land Use Map, the site is designated for Residential Estate Country uses. By definition, the Residential Estate Country provides for a gross density of one or fewer dwelling units per 2-acres of land. In this case, based upon the entirety of the 28-acre tract of land, the Comprehensive Plan recommends a maximum of 14 dwelling units. At this time, the plan would call for a maximum of eleven residential lots (10 new lots and maintaining the existing ranch home on the larger 10-accre lot on the north side), therefore, the proposed rezoning meets the intent of the Comprehensive Plan and Future Land Use Map recommendations.

LAND USE: The land use and zoning of the surrounding properties are as follows:

Current Zoning Current Land Use Future Land Use Plan

North (RE-2) Two-acre _{Ranch Estate} Residential Residential Estate _Country

East (PC) Planned Center Residential Residential Estate _Country

South (RE-2) Two-acre _{Ranch Estate} Residential Residential Estate _Country

West (RE-2) Two-acre _{Ranch Estate} Residential Residential Estate _Country

PUBLIC INPUT: The town has notified 35 adjacent property owners, including LoveJoy ISD, within 500 feet of the subject property and Lovejoy ISD in accordance with Town requirements

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and to date, and have received 6 letters of support and 4 letters of opposition. Staff has also directly contacted representatives of LoveJoy ISD and they have expressed no concerns with this development nor the proposed sidewalk connection.

RECOMMENDATION: At their April meeting, the Planning and zoning Commission recommended APPROVAL of the proposed zoning application with the following stipulations:

1. Site shall be zoned for a (PC) Planned Center with following conditions:

a. Tract A: Proposed lots 1-10, as shown on the attached concept plan, shall conform with the (RE-1.5) One-and-one-half Acre Ranch Estate District with the following exceptions:

i. Setbacks for main structure: 1. Front setback: 40 feet 2. Side setback: 35 feet 3. Rear setback: 50 feet

ii. Accessory structures and uses shall conform with the (RE-1.5) One-and-one-half Acre Ranch Estate District.

b. Tract B shall conform to the (RE-3) Three-acre Ranch Estate District with the following additional condition:

i. Minimum lot area shall be 10-acres.

c. Private access shall be prohibited onto Stacy Road from proposed Lots 1 and 10. d. Common area lots shall be owned and maintained by a Homeowners Association. e. The 10’ wide sidewalk easement shall be maintained by the Homeowners

Association. The sidewalk to the school shall be installed with the initial infrastructure of Tract A. BUDGET: N/A ATTACHMENTS: • Locator • Zoning Exhibit • Concept Plan • Correspondence • DRAFT Ordinance

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Stacy Rd K en tu ck y Ln Pi ne V al le y D r FM 1 37 8 (C ount ry C lub R d) Pi ne V al le y C t Se cr et ar ia t L n M ich elle_W ay Subject

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Israel Roberts

From: Marshall Dempsey <[email protected]>

Sent: Wednesday, April 7, 2021 4:13 PM

To: Israel Roberts

Subject: Re: Public Hearing tonight

Hi Israel ‐ Maybe it is relevant, perhaps not from the P&Z Commission's perspective, but 570, 571, & 581 Kentucky Ln. are all family members + the actual developer of this proposed development. To the degree those houses are supporting this development I think that is noteworthy. I'm hopeful this hearing & development goes smoothly since the developer is one of our neighbors and preserving relationships is so important...I must say at first glance I do not support this development since the lots are <2 acres and that's what is adjacent (our street, Kentucky Ln.) Marshall Dempsey

On Wed, Apr 7, 2021 at 2:46 PM Marshall Dempsey <[email protected]> wrote: Thank you sir. I will be online and will submit my comments after the meeting.

On Wed, Apr 7, 2021 at 14:43 Israel Roberts <[email protected]> wrote:

You certainly can send it early, if you’d like. Otherwise, there is a online public hearing portion or town hall will be open with limited seating. I’ve already received a few notes.

On Apr 7, 2021, at 12:18 PM, Marshall Dempsey <[email protected]> wrote:

Hi Israel -

Hey - do we need to send in our Support/Opposition of this project before the meeting tonight in order for it to be "heard"?

Re:

Public hearing: Kentucky Lane Home and Land owners

Rezoning of 28+ Acres to the West of Kentucky Lane

(Derby Development)

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Israel Roberts

From: Margaret Latham <[email protected]>

Sent: Monday, April 5, 2021 7:29 PM

Subject: Public Hearing on rezoning 28 +/- acre tract on Stacy Rd west of Kentucky Lane

Name: Donald and Meg Latham Address: 461 Kentucky Lane We oppose this request. We oppose this request of rezoning 28 +/‐ acre tract of land to a new (PC) Planned Center District. Our comment: In effort to keep Fairview as “country” as possible, we feel the lot sizes of this proposed development should be at the least 2 acres. Other lots in other estates surrounding this proposed development are at least 2 acres or more.

Sent from Mail for Windows 10

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Israel Roberts

From: Mr. Bill <[email protected]>

Sent: Thursday, April 8, 2021 1:48 PM

Subject: RE: Rezoning of 28+acre tract North Side of Stacy Road, west of Kentucky Lane

Attachments: Town Fairview P&Z 4-8-2021[1384].pdf

Hello Israel Roberts After reviewing the history of this development and recommends that were made buy the P&Z in 2020, which I agreed with and I feel was a good use of the land for the town and the neighbors of the development. Wow, now they come back with a plan that cuts the lot size in haft and P&Z thinks that is good use of land, I am OPPOSE this change and is NOT good use of the land the surrounding land owners or the history of the Town. I saw that there a road planed for the east side of the PC, what type of road is that, will it be build on top of the 40’ easement that the NTMWD shows on the drawing? Why is the road not shown on the drawing? History In 2020, the Town Council approved a rezoning of this site from the (AG) Agriculture District to a (PC) Planned Center District with (RE‐2) Two‐acre Design standards. That proposal included thirteen (13), two‐acre residential lots, accessed by a cul‐de‐sac street, encompassing the entire 28‐acre site. In comparison, this proposed rezoning, decreases the total number of lots by two (from 13 to 11), and only develops the southern 17.3‐acres, instead of the entire 28‐acre tract From: Mr. Bill Sent: Wednesday, April 7, 2021 9:00 AM To: [email protected] Subject: Rezoning of 28+acre tract North Side of Stacy Road, west of Kentucky Lane Hello Israel Roberts I am OPPOSE to the rezoning of the 28+ acre Tract of land less than 2 acre lots which it is now. I am a home and land owner, I made a decision (as did many others) to live in the town of Fairview for what it offered, large lots and space to “Keep it Country” . I oppose it last time it was up for rezoning because of the same issue less than 2 acre lots. Most of the property that this rezoning will effect are 2 Acre or bigger lots with restrictions that don’t allow homes to be built on less than 1.99 acre. The town of Fairview is a very desirable place for people to live and work because of the very thing that this development is trying to change. William McLean 301 Kentucky Lane Fairview, Texas

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TOWN OF FAIRVIEW, TEXAS ORDINANCE NO. __________

AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 14 (ZONING), AND THE ZONING MAP OF THE TOWN OF FAIRVIEW, TEXAS FOR THE REZONING OF A 28.0+/- ACRE TRACT OF LAND SITUATED IN THE ROBERT FITZHUGH SURVEY, TRACT 8, ABSTRACT 317, AND GENERALLY LOCATED ON THE NORTH SIDE OF E. STACY ROAD, WEST OF KENTUCKY LANE, FROM THE (PC) PLANNED CENTER DISTRICT TO A NEW (PC) PLANNED CENTER DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, notice of a public hearing before the Town of Fairview Planning and

Zoning Commission was sent to real property owners within 500 feet of the property herein described at least ten (10) days before such hearing; and

WHEREAS, notice of a public hearing before the Town of Fairview Town Council

(“Town Council”) was published in a newspaper of general circulation in the Town of Fairview at least sixteen (16) days before such hearing; and

WHEREAS, public hearings to adopt zoning on the property herein described were held

before both the Planning and Zoning Commission and the Town Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zoning; and

WHEREAS, the Town Council finds that the zoning herein effectuated furthers the

purpose of zoning in the town and that it is in the public interest to approve said zoning described herein; now, therefore,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FAIRVIEW, TEXAS:

Section 1. That the Code of Ordinances, Town of Fairview, Texas (“Fairview Code”),

Chapter 14 (Zoning), and the Zoning Map of the Town of Fairview, Texas is hereby amended for the rezoning of a 28.0+/- acre tract of land, more fully described on Exhibit A and shown on Exhibit B, attached hereto and incorporated herein, and generally located on the north side of E. Stacy Road, west of Kentucky Lane, from the (PC) Planned Center District to a new (PC) Planned Center District, in accordance with the provisions of Chapter 14 (Zoning), Article 14.02, Division 1 (Generally), Section 14.02.002 and Division 10 (Planned Center Zone), Section 14.02.451 et seq., of the Fairview Code, Town of Fairview, Texas (“Fairview Code”).

Section 2. Site shall be zoned for a (PC) Planned Center with following conditions:

a. Tract A: Proposed Lots 1-10, as shown on the attached concept plan (Exhibit B), shall conform with the One-and-One-Half Acre Ranch Estate Zone (RE-1.5) with the following exceptions:

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i. Setbacks for main structure:

1. Front setback: 40 feet, except in the case of a public access road easement in which case the setback will be 40 feet from the road easement.

2. Minimum side setback from side property line (or public access road easement on the side of the lot): 35 feet

3. Minimum rear setback: 50 feet

ii. Accessory structures and uses shall conform with the One-and-One-Half Acre Ranch Estate Zone (RE-1.5).

b. Tract B shall conform to the Three-Acre Ranch Estate Zone (RE-3) with the following additional condition:

i. Minimum lot area shall be 10 acres.

c. Private and public vehicular access shall be prohibited onto Stacy Road from proposed Lots 1 and 10.

d. Common area lots shall be owned and maintained by a Homeowners Association.

e. The 10’ wide sidewalk easement shall be maintained by the Homeowners Association. The sidewalk to the school shall be installed with the initial infrastructure of Tract A.

Section 3. That any person, firm, or corporation violating any of the provisions of this

ordinance shall be deemed guilty of a class C misdemeanor and upon conviction be subject to a fine in accordance with the general provisions of the Fairview Code.

Section 4. That the sections, paragraphs, sentences, phrases, clauses and words of this

ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person, firm or corporation, or to any circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have adopted such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

Section 5. That this ordinance shall take effect upon passage and publication, and it is

accordingly so ordained.

PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF

FAIRVIEW, TEXAS, THIS 4TH_{DAY OF MAY 2021.}

________________________________ Henry Lessner, Mayor

Town of Fairview ATTEST:

_________________________________ Tenitrus Bethel, Town Secretary

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APPROVED AS TO FORM: _____________________________ Clark McCoy, Town Attorney

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