Item 6E
Department of Planning & Development Services
S T A F F R E P O R T
August 10, 2015
CASE NO:ZA15-073
PROJECT: Plat Revision for Lots 1R1 and 1R2, Block 2, Brewer Addition
EXECUTIVE
SUMMARY:
Barry and Vicki Dinsmore are requesting approval of a Plat Revision for Lots 1R1 and
1R2, Block 2, Brewer Addition on property described as Lot 1R, Block 2, Brewer
Addition, an addition to the City of Southlake, Tarrant County, Texas and located at
2903 Florence Rd., Southlake, Texas. Current Zoning: “SF-1B” Single Family
Residential District. SPIN Neighborhood #11.
REQUEST
DETAILS:
The applicant is requesting approval of a Plat Revision for Lots 1R1 and 1R2, Block 2,
Brewer Addition to divide the existing 3.01 acre Lot 1, Block 2, Brewer Addition into
two lots to allow a family member to build a home on the southern lot. The northern lot
contains an existing residence and accessory structures. As part of the Plat Revision,
the applicant is requesting a reduction of the building line along the side street frontage
of the northern lot from forty (40) feet to thirty (30) feet. This will address an existing
condition of an accessory building that was constructed over the building line without a
permit.
Pending Zoning Board of Adjustment case:
The existing accessory structures on the current 3.01 acre lot meet the 3% maximum
lot coverage requirement for accessory structures. The accessory building that was
constructed without a permit is approximately 3,232 square feet and an existing
covered seating area is approximately 144 square feet, which totals 3,376 square feet
and 3% of the 3.01 acre lot area is approximately 3,934 square feet. The owner would
like to divide the 3.01 acre lot into two lots with the northern lot containing the
accessory building being approximately 1.96 acres and the southern lot being
approximately 1.05 acres. If the Plat Revision proposing the two lots is approved and
recorded, the accessory structures as they exists would exceed the 3% maximum lot
coverage allowed on the 1.96 acre lot, which is approximately 2,561 square feet, by
approximately 815 square feet. The applicant has a Zoning Board of Adjustment (ZBA)
case for a Special Exception Use (SEU) for accessory buildings and structures greater
than the size permitted as well as a building permit pending the actions of the Board
along with this Plat Revision. The Zoning Board of Adjustment case was tabled
indefinitely at the June 25, 2015 meeting. The applicant is proposing to remove a 20’
portion of the metal building, which would reduce the floor area to approximately 2,426
square feet. When added to the approximately 144 square foot covered seating area,
the total square footage for accessory structures is now proposed to be approximately
2,570, which exceeds the 2,561 square feet allowed by approximately nine (9) feet. A
Case No.
ZA15-073 Page 1
plot plan of the accessory building showing the 20’ portion to be removed and the
portion encroaching into the 40’ front building line is included in Attachment “C” of this
report. The building permit has been reviewed and the building is in compliance with all
applicable building codes except the front setback. The permit is ready to be issued if
the front building setback is brought into conformance with approval of the reduced
front building line on the Plat Revision and the SEU is approved by the ZBA.
VARIANCE
REQUESTS:
1. Section 4 of the Zoning Ordinance, under the definition for “Yards” on page 4-
24, allows the Planning and Zoning Commission as well as City Council to
reduce the setback along a side street of a corner lot up to the minimum
setback for the district. The typical setback along a street frontage for the SF-
1B zoning district is forty (40) feet. This can be reduced to twenty (20) feet,
which is the minimum side yard for the district. The applicant is requesting a
thirty (30) foot setback.
2. Subdivision Ordinance No. 483, as amended, Section 5.06(B) requires
sidewalks on both sides of all public streets in all residential subdivisions
platted or replatted after the effective date of the ordinance. The applicant is
requesting a variance to allow no sidewalk on either street frontage due to an
existing home on the northern lot and physical constraints along Brewer Rd.
adjacent to the southern lot.
ACTION NEEDED:Consider approval of a Plat Revision
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Plat Review Summary No. 2, dated July 31, 2015
(E) Surrounding Property Owners Map and Responses
STAFF CONTACT:
Dennis Killough (817) 748-8072
Richard Schell (817)748-8602
Case No.
ZA15-073 Page 2
BACKGROUND INFORMATION
OWNER/
APPLICANT:
Barry and Vicki Dinsmore
PROPERTY SITUATION:
2903 Florence Rd.
LEGAL DESCRIPTION:
Lot 1, Block 2, Brewer Addition
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“SF-1B” – Single Family Residential District
HISTORY:
The following is the history of the property to the best of our knowledge and
belief:
- The property was annexed into the City in 1988 and given the “AG”
Agricultural District zoning designation.
-A Zoning change (ZA90-005) request for from "AG" Agricultural District to "SF-
1B" Single Family Residential District was approved by the City Council on April
17, 1990.
-A Preliminary Plat (ZA90-006) for Brewer Addition was approved April 3,
1990.
-A Final Plat (ZA90-020) for Brewer addition was approved May 15, 1990 and
filed July 18, 1990.
-The existing approximately 3,697 square foot residence was built in 1993
(Source: Building Permit).
- The City has no record of a building permit being issued for the accessory
building.
SOUTHLAKE 2030 PLAN:
Consolidated Future Land Use Plan
The site is designated “Low Density Residential”, which specifies single
family detached dwellings at a net density of one or fewer dwelling units per
acre. The proposed lots are consistent with this designation.
Mobility & Master Thoroughfare Plan
The Mobility and Master Thoroughfare Plan shows Florence Rd. to be a two-
lane undivided collector street with 60’ of right of way. A minimum of 30’ of
right of way dedication measured from the centerline is required. The right of
way shown on the plat does not match the existing plat. It appears that
adequate right of way has previously been dedicated. The applicant must verify
the location of the centerline and dedicate the required additional right of way if
necessary.
Pathways Master Plan & Sidewalk Plan
The Pathways Master Plan and Sidewalk Plan shows a <8’ sidewalk along the
south side of Florence Rd. and a > 8’ multi-use trail along the west side of
Brewer Rd. Subdivision Ordinance No. 483, as amended requires 4’ sidewalks
along all local residential streets. Regardless of average lot size, the developer
or builder of a subdivision platted or replatted after the effective date of the
Zoning Ordinance shall install sidewalks and/or trails in accordance with the
Southlake Pathways Plan. Each owner/home builder within a residential
subdivision platted after the effective date of the Zoning Ordinance shall
construct sidewalks at the time of construction of the house. The City Engineer
Case No. Attachment A
ZA15-073 Page 1
will determine if the requirement for the 8’ multi-use trail is roughly proportional
to impact of the subdivision.
TRANSPORTATION
ASSESSMENT:
Existing Area Road Network and Conditions
The Plat Revision proposes a driveway for the southern lot onto Brewer Rd.,
which is a local residential street. Traffic Counts are not included for local
residential streets in theCity of Southlake Traffic Count Report. The existing
home on the northern lot will continue to use the driveway on Florence Rd.
WATER & SEWER:
The lots will be served by existing 12” water lines in Florence R. and Brewer
Rd. An existing 8” sewer line that crosses the existing lot will serve both
proposed lots.
TREE PRESERVATION:
The Tree Preservation Plan shows all trees on both lots to be preserved.
CITIZEN INPUT/
BOARD REVIEW:
A SPIN meeting was not held for the Plat Revision.
PLANNING AND ZONING
COMMISSION ACTION:
August 6, 2015; Approved (6-0) specifically approving the variance request for
the thirty (30) foot front setback, also specifically approving the request for the
variance to allow the sidewalk to not be installed, subject to Plat Review
Summary No. 2, dated July 31, 2015 and the staff report dated July 31, 2015
and further noting the applicant’s willingness to remove 20’ of the accessory
building on the property.
STAFF COMMENTS:
Attached is Plat Review Summary No. 2, dated July 31, 2015.
Case No. Attachment A
ZA15-073 Page 2
Case No. Attachment B
ZA15-073 Page 1
PLANS AND EXHIBITS
Case No. Attachment C
ZA15-073 Page 1
PLAT REVISION
Case No. Attachment C
ZA15-073 Page 2
TREE CONSERVATION PLAN
Case No. Attachment C
ZA15-073 Page 3
PLOT PLAN OF ACCESSORY BUILDING
Case No. Attachment C
ZA15-073 Page 4
Plat Review Summary
ZA15-073Two07/31/15
Case No.: Review No.: Date of Review:
Plat Revision – Lots 1R1 and 1R2, Block 2, Brewer Addition
Project Name:
APPLICANT: Barry and Vicki Dinsmore SURVEYOR: Timothy Mankin
Peiser & Mankin Surveying
2903 Florence Rd. 623 E. Dallas Rd.
Southlake, TX 76092 Grapevine, TX 76051
Phone: (817) 614-8251 Phone: (817) 481-1806
E-mail: tmankin@peisersurveying.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
07/31/15 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 DENNIS
KILLOUGH AT (817) 748-8072.
1. The plat must comply with the underlying zoning district.
a. The SF-1A zoning district requires a 40’ front building line along both street frontages on
corner lots. Zoning Ordinance No. 480, as amended, Section 4, allows the Planning and
Zoning Commission to vary the dimensions of the second front building line on corner
lots. The applicant is requesting approval of a 30’ building line along Brewer Rd. to bring
an existing accessory building located approximately 31’ from the property line into
conformance with the zoning district regulations.
b. If the property is subdivided as proposed on the plat, the existing accessory building and
structures on the northern lot will not comply with the maximum 3% of the lot area allowed
for the sum total of all accessory structures in the SF-1A zoning district. The applicant has
submitted an application for approval of a Special Exception Use from the Zoning Board
of Adjustment to allow sum total of all accessory buildings and structures to exceed the
area allowed, The applicant is proposing to remove a portion of the existing metal building
on the property, which would reduce the floor area to approximately 2,426 square feet.
When added to the approximately 144 square foot covered seating area, the total square
footage for accessory structures is proposed to be approximately 2,570, which exceeds
the 2,561 square feet allowed by approximately nine (9) feet.
2. The Pathways Master Plan and Sidewalk Plan shows a <8’ sidewalk along the south side of Florence
Rd. and a > 8’ multi-use trail along the west side of Brewer Rd. Subdivision Ordinance No. 483, as
amended requires 4’ sidewalks along all local residential streets. Regardless of average lot size, the
developer or builder of a subdivision platted or replatted after the effective date of the Zoning
Ordinance shall install sidewalks and/or trails in accordance with the Southlake Pathways Plan. Each
owner/home builder within a residential subdivision platted after the effective date of the Zoning
Ordinance shall construct sidewalks at the time of construction of the house. The City Engineer will
determine if the requirement for the 8’ multi-use trail is roughly proportional to impact of the
subdivision.
3. Tree Preservation Ordinance shows all trees on both lots to be preserved. Except as provided by
subsection 7.2.b. of the Tree Preservation Ordinance, 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
Case No. Attachment D
ZA15-073 Page 1
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 Minimum percentage of the
the entire site existing tree cover to be
preserved*
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.
* 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.
The following changes are needed in the “owner’s” dedication and notary:
a. Revise the lots in the owner’s dedication to match the lots in the title block – Lot s1R1 and
1R2, Block 2, Brewer Addition.
4.
Remove note # 4 regarding structures on the property.
5. Provide easements as necessary to accommodate the extension of any utilities to the lot with the
proposed new residence.
6. The following changes are needed regarding Right-of-Way dedication:
a. Show and dimension the right of way dedication in accordance with the current Master
Thoroughfare Plan. Florence Rd. is designated as a two-lane undivided collector with 60’
of right of way. A minimum of 30’ of right of way dedication measured from the centerline
is required. The right of way shown on the plat does not match the existing plat. It
appears that adequate right of way has previously been dedicated. Please verify the
location of the centerline and dedicate the required additional right of way if necessary.
Public Works Review Comments
Om Chhetri, P.E.\\
Civil Engineer
(817) 748-8089
ochhetri@ci.southlake.tx.us
GENERAL COMMENTS:
Case No. Attachment D
ZA15-073 Page 2
1. Show existing water and sewer lines in the utility plans. Verify if water and sewer are within the
easements.
INFORMATIONAL COMMENTS:
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
* Water and sanitary sewer cannot cross property lines without being in an easement or right of
way.
Community Service Review Comments
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee
payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further
details.
Land/park dedication requirements:
Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park
land for every forty (40) dwelling units.
If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the
amount of $3000 per dwelling unit x 1 dwelling units =$3000.
Pathway Comments:
Provide pathways consistent with Southlake Master Pathways Plan. Provide pedestrian access from each
building to Trail System or sidewalk connections and between buildings. Provide 4ft+ concrete sidewalks on
both sides of all public and private streets consistent with Article V Street and Right-Of-Way Requirements of
the Subdivision Ordinance and all State of Texas accessibility requirements.
The following should be informational comments only
============= ====================
* Staff strongly recommends contacting Pilar Schank in the City Manager’s Office to determine if a
SPIN meeting would be beneficial to your application. Pilar can be contacted by phone at (817)
748-8006 or by e-mail at pschankl@ci.southlake.tx.us
* 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 have been substantially approved.
This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may
be required on the following lots pending review of construction plans: Block , Lots
* Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy with
original signatures.
Case No. Attachment D
ZA15-073 Page 3
blackline
* For Tarrant County filing, original signatures and seals will be required on one 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. 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 D
ZA15-073 Page 4
Surrounding Property Owners Map
SPO # Owner Zoning Property Address Acreage Response
Ketchem, Troy L SF1-B 2839 FLORENCE RD 1.64 NR
1.
Wilkes, Richard M SF1-B 605 BREWER RD 1.05 NR
2.
Zimmerman, Jason SF1-B 615 BREWER RD 1.43 NR
3.
Dinsmore, Barry & Vicki SF1-B 2903 FLORENCE RD 3.57 F
4.
NR: No Response F: In Favor O: Opposed U: Undecided
Case No. Attachment E
ZA15-073 Page 1
Surrounding Property Owner Responses
Notices Sent
Four (4)
Responses Received:
One (1) Attached
Case No. Attachment E
ZA15-073 Page 2
Case No. Attachment E
ZA15-073 Page 3