Item 9A9
CASE NO: ZA21-0041
SOUTHLA14CE
PLANNING & DEVELOPMENT
SERVICES
STAFF REPORT
June 8, 2021
PROJECT: Plat Revision for Lots 3R1 and 3R2, T.M. Hood No. 706 Addition
EXECUTIVE
SUMMARY: On behalf of Brian Lemmerman, CBG Surveying Texas, LLC is requesting
approval of a Plat Revision for Lots 3R1 and 3R2, T.M. Hood No. 706 Addition
on property described as Lot 3R, T.M. Hood No. 706 Addition, an addition to the
City of Southlake, Tarrant County, Texas and located at 1250 Shady Oaks Dr.,
Southlake, Texas. Current Zoning: "SF-1A" Single Family Residential District.
SPIN Neighborhood #5.
DETAILS: The project is generally located on the west side of Shady Oaks Dr.
approximately 400' north of the intersection of Shady Oaks Dr. and W. Highland
St./Turnberry Ln.
The purpose of this request is to seek approval of a Plat Revision to divide Lot
3R, T.M. Hood No. 706 Addition (approximately 5.873 acres) into two lots that
conform to the underlying "SF-1A" Single Family residential zoning district, which
requires a minimum lot area of 43,560 square feet (one acre).
VARIANCE
REQUESTED: Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.J
requiring that all lots comply with the requirements of the zoning ordinance of the
City is requested to allow the existing accessory building (horse barn) to remain
on the proposed Lot 3R1 with no principal building.
Texas Local Government Code Section 212.015, Additional Requirements
for Certain Replats, Subsection (c) If the proposed replat requires a variance
and is protested in accordance with this subsection, the proposed replat must
receive, in order to be approved, the affirmative vote of at least three -fourths of
the members present of the municipal planning commission or governing body,
or both. For a legal protest, written instruments signed by the owners of at least
20 percent of the area of the lots or land immediately adjoining the area covered
by the proposed replat and extending 200 feet from that area, but within the
original subdivision, must be filed within the municipal planning commission or
governing body, or both, prior to the close of the public hearing.
In accordance with Texas Local Government Code Section 212.015, notices
were sent to the owners of lots that are in the original subdivision and that are
within 200 feet of the lots to be replatted, as indicated on the most recently
approved municipal tax roll. The original subdivision only included the subject
property, so only one notice was sent.
Case No.
ZA21-0041
ACTION NEEDED: Consider approval of a Plat Revision
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Revised Plat Review Summary No. 1, dated June 3, 2021
(D) Surrounding Property Owners Map & Responses
Half Size Plans (for Commission and Council members only)
Link to Presentation
Link to Plans
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA21-0041
BACKGROUND INFORMATION
OWNER: Brian Lemmerman
APPLICANT: CBG Surveying Texas, LLC
PROPERTY SITUATION: 1250 Shady Oaks Dr., generally located on the west side of Shady Oaks
Dr. approximately 400' north of the intersection of Shady Oaks Dr. and
W. Highland St./Turnberry Ln.
LEGAL DESCRIPTION: Lot 3R, T.M. Hood No. 706 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-1A" Single Family Residential District.
HISTORY: - The property was annexed into the City in 1957.
The "AG" Agricultural District zoning designation was placed on the
property with the adoption of Zoning Ordinance No. 161 and the official
zoning map in 1969.
- A Zoning Change (ZA94-149) from "AG" Agricultural District to "SF-1A"
Single Family Residential District was approved in 1995.
- A Plat Showing (ZA94-150) for Lots 3 and 4, T.M. Hood No. 706 Addition
was approved January 5, 1995 and filed March 24, 1995.
- A Plat Revision (ZA00-067) for Lot 3R, T.M. Hood No. 706 Addition was
approved September 19, 2021 and filed December 11, 2000.
- The single-family home on the property with approximately 7,540 square
feet of floor area was constructed in 2000-2001. (Source: TAD)
- The approximately 2,340 square foot horse barn on the property was
constructed in 2000.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is Low Density
Residential.
Purpose: The purpose of the Low Density Residential land use category
is to provide for and to protect low intensity detached single-family
residential development that promotes the openness and rural character
of Southlake.
Definition (this definition was updated by passage of Ordinance No.
1186 on February 20, 2018): The Low Density Residential category is
for detached single-family residential development at a net density of one
or fewer dwelling units per acre. Net density is the number of dwelling
units per net acre, which excludes acreage in all rights -of -way, easement,
and lots designated for public or private streets. Other suitable activities
are those permitted in the Public Parks / Open Space and Public / Semi -
Case No.
ZA21-0041
Attachment A
Page 1
Public categories. The Low Density Residential category encourages the
openness and rural character of the City of Southlake.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a future <8' sidewalk along the west
side of Shady Oaks Dr. A 5' wide sidewalk will be required to be
constructed at the time of new home construction on either lot.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The Master Thoroughfare Plan shows Shady Oaks Dr. to be a two-lane
undivided collector with 60' of right of way. Adequate right of way for
Shady Oaks Dr. was dedicated on a previous plat.
TREE PRESERVATION: A tree survey has been provided. Any future construction on either of the
lots proposed by the Plat Revision will be required to comply with the
regulations of the Tree Preservation Ordinance 585-E.
UTILITIES: The property is served by an existing 6" water line in Shady Oaks Dr. and
a 6" sanitary sewer line that runs along the west and south boundary of
the existing lot.
DRAINAGE: Existing drainage is generally west to east across the property.
CITIZEN INPUT: A SPIN meeting was not held for this plat.
PLANNING AND ZONING
COMMISSION ACTION: June 3, 2021; Approved (5-0) subject to the staff report dated June 3,
2021 and Revised Plat Review Summary No. 1, dated June 3, 2021 and
granting the variance relating to the accessory building, but
acknowledging the applicant's intent to remove the accessory building
upon submission of building plans.
STAFF COMMENTS: Attached is Revised Plat Review Summary No. 1, dated June 3, 2021.
The criteria for approving a variance to Subdivision Ordinance No. 483,
as amended, is below:
Section 9.01 Modifications and Variations:
A. Compliance: Where the Council finds that compliance with these
regulations would cause unusual hardship or extraordinary
difficulties because of exceptional and unique conditions of access,
location, shape, size, drainage, or other physical features of the site,
the requirements may be modified to mitigate the hardship, provided
that the public interest is protected and the development is in keeping
with the general spirit and intent of this ordinance.
1. This section shall not be interpreted to permit the development
of land which is inherently unsuitable for the use proposed.
2. Any modification will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with
the provisions of this ordinance.
Case No. Attachment A
ZA21-0041 Page 2
Vicinity
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Case No.
ZA21-0041
Attachment B
Page 1
REVISED PLAT REVIEW SUMMARY
Case No.: ZA21-0041 Review No.: One
Date of Review: 06/03/21
Project Name: Plat Revision — Lots 3R1 and 3R2, T.M. Hood No. 706 Addition
APPLICANT: Bryan Connally
CBG Surveying Texas, LLC
12025 Shiloh Rd. Suite 230
Dallas. TX 75228
Phone: (214) 349-9485
E-mail: bryanc@cbgtxllc.com
OWNER: Brian Lemmerman
509 King Ranch Rd.
Southlake, TX 75228
Phone: (480) 570-2852
E-mail: blemm1984@gmail.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/06/21 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT RICHARD SCHELL AT (817) 748-8602.
The Plat Revision must conform to the underlying zoning district. The Plat Revision must be
processed, approved and recorded with the County prior to the conveyance of any portion of the
existing Lot 3R, T.M. Hood No. 706 Addition.
2. Place the City case number ZA21-0041" in the lower right-hand corner of the plat.
3. Revise the title block as follows:
a. Provide a courthouse filing note as follows and place beside the title block:
"Filed as Instrument #
b. Change "Revision Plat" to "Plat Revision".
Date
4. The following changes are needed with regard to the legal description:
a. In the first call after the beginning call, change "...according to the Map thereof
recorded in Cabinet A..." to "...according to the plat recorded in Cabinet A..."
5. Revise the owner's dedication and notary to conform to the standard format as shown in Appendix
1 (Individuals) for more than one owner. There are two owners listed in the owner's certificate and
only one owner is shown in the owner's dedication. Please revise the dedication language to add
Amy Lemmerman and add a separate signature block and notary. "That we, Brian Lemmerman
and Amy Lemmerman, being all of the owners, do hereby adopt this plat..." "...and we do herby
dedicate the rights of way..."
6. Change "Revision Plat" to "Plat Revision" in the owner's certificate.
7. Remove "Block 1" from the title block and from the face of the plat since there is not Block 1 on the
current plat for Lot 3-R, T.M. Hood No. 706 Addition.
Case No.
ZA21-0041 Page 1
8. The Tree Survey shows an existing accessory building to remain on the proposed Lot 3-R-1.
Subdivision Ordinance No. 483, as amended, Section 8.01.J requires that all lots comply with
the requirements of the zoning ordinance of the City. Zoning Ordinance No. 480, Section 34.2.c
does not allow an accessory building on a lot without a principal building on the lot.
34.2.c. No accessory building shall be constructed upon a lot until the construction of the
principal building or use has actually been commenced, and no accessory building shall be
used unless the main building in a lot is completed and used.
A variance to Subdivision Ordinance No. 483, as amended, Section 8.01.J, requiring that all
lots comply with the requirements of the zoning ordinance of the City, must be approved by
City Council to allow the existing accessory building to remain on the proposed Lot 3-R-1.
9. Change the proposed lot numbers to be consistent throughout the plat as either 3-R-1 and 3-R-
2 or 3R1 and 3R2.
10. Please remove note #9 regarding the front yard setback.
11. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as
amended and the Master Pathways Plan. The Master Pathways Plan shows a future <8'
sidewalk along the west side of Shady Oaks Dr. A 5' wide sidewalk will be required to be
constructed at the time of new home construction on either lot.
12. Show and dimension the right of way from each property corner to the centerline and full width
across the right of way to the platted lots to the east.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
Any future construction on either of the lots proposed by the Plat Revision will be required to
comply with the regulations of the Tree Preservation Ordinance 585-E. All proposed
improvements shall comply with the Existing Tree Cover Preservation Requirements set fourth
in the Tree Preservation Ordinance 585-E, Section 7.2.a., Table 2.0.
7.2 STANDARDS FOR APPROVAL:
a. Except as provided by subsection 7.2.b., a Tree Conservation Analysis or Tree
Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage
of existing tree cover at the time the first such permit was issued shall be used to
calculate the minimum existing tree cover that must be preserved under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on I Minimum percentage of the
Case No. Attachment C
ZA21-0041 Page 1
the entire site
existing tree cover to be
reserved*
0% — 20%
70%
20.1 — 40%
60%
40.1 % - 60%
50%
60.1 % - 80%
40%
80.1 % - 100%
30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights -of -way as approved by City Council.
* Indicates informational comment.
# Indicates required items comment.Public Works/Engineering Review
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of the
civil construction plans.
2. Please show where existing water and sewer (if applicable) service lines are located on the
plans. If the existing utilities cross the proposed property lines then a dedicated private
water/sewer easement will be required.
3. Please submit a preliminary grading and drainage plan with the next submittal.
INFORMATIONAL COMMENTS:
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000.
The plan must include all required elements in Part III, Section F of the permit. The
Environmental Coordinator will review the SWPPP. For instructions on how to complete the
review of the SWPPP please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP
shall be submitted by second review of the civil construction plans.
*=Denotes informational comment that don't need to be addressed until Civil Construction Submittals.
Case No. Attachment C
ZA21-0041 Page 2
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
The following should be informational comments only
All plats filed must have an original signed and stamped Tax Certificate submitted with it from
each taxing unit with jurisdiction of the real property, indicating that no delinquent taxes are owed
and that taxes for the current year have been paid. After September 1st, a certificate showing
that the taxes for that year are paid, but that the taxes for the upcoming year have yet to be
calculated is required. (House Bills 1563 & 3101). A copy of this information may be obtained
from the Tarrant County Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft.
Worth (across from the old red courthouse). There is a service charge of $10 per account for
this certificate. For more information contact the Assessor/Collector's office at 817-212-6847.*
We recommend this plat not be filed until the construction plans (if any) have been
substantially approved. This will ensure adequate easements and finish floor elevations.
Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy
with original signatures.
In addition to the City of Southlake impact fees, please be aware that through the wholesale
water customer contract with the City of Fort Worth, all new water connections are required to
pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based
on the final plat recordation date and building permit issuance. The applicant is encouraged to
review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine
the fee amount.
* For Tarrant County filing, original signatures and seals will be required on one blackline mylar
and one blackline paper copy prior to filing the plat. The mylar and paper copies will not be
accepted if any erasures or original ink, other than signatures or seals, appear on the plat.
* A Developers Agreement is required prior to construction of any public infrastructure, if any. The
Developer's Agreement for this addition should consider streets, drainage, park dedication
requirements and fees, off -site sewer extensions, off -site drainage and utility easements and
impact fees.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
* Denotes Informational Comment
Case No. Attachment C
ZA21-0041 Page 3
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
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Response
1. DAHLSON, RICHARD
SF-1A
1250 SHADY OAKS DR
6.04
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: One (1)
In accordance with Texas Local Government Code Section 212.015, notices were sent to the owners
of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as
indicated on the most recently approved municipal tax roll. The original subdivision only included the
subject property, so only one notice was sent.
Responses Received: None (0)
Case No. Attachment D
ZA21-0041 Page 1