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Item 11 - ZA16-049 SUP Residential Above Ground Cistern13 CITY OF S0UTHLA1<4.,E Department of Planning & Development Services CASE NO: PROJECT: EXECUTIVE SUMMARY: STAFF REPORT July 29, 2016 ZA16-049 Specific Use Permit for a Residential Above Ground Cistern Barbara Auyang is requesting approval of a Specific Use Permit for one (1) above ground cistern on property described as Lot 7, Block 3 Harbor Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas and located at 1065 Harbor Haven (formally 2935 Burney Lane), Southlake, Texas on approximately 1.7 acres. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood # 2. DETAILS: Barbara Auyang is requesting approval of a Specific Use Permit for one (1) above ground cistern at her residence located at 1065 Harbor Haven (formally 2935 Burney Lane) to store well water to irrigate a vegetable garden. The proposed above ground dark green poly cylindrical cistern is 60 -inches in diameter by 78 - inches in height with an 875 -gallon capacity. The cistern will be located in the rear yard and will be screened with shrubs to meet the ordinance. Section 45 (Specific Use Permits) of the City's Zoning Ordinance No. 480, as amended, allows the use of above ground cisterns (greater than 100 gallons or systems greater than 250 gallons) through the approval of a Specific Use Permit. The regulations are listed in Attachment A, page 1 of this staff report. VARIANCES: Two variances have been requested for the specific use permit: 1. A variance to allow a 26 -foot rear yard setback for the required 40 -foot setback from the rear property line in the underlying zoning district of SF -1A Single Family Residential District. This would allow a larger vegetable garden. 2. A variance to the materials requirement to allow a dark green poly cistern for the requirement that the materials must be compatible with architecture and/or color of the principal building or structure (the existing building is a light sand stucco and tan brick). SUP Regulation Permitted Proposed Per underlying zoning district - Setbacks SF -1A Single Family Residential 26 -foot rear setback District rear setback is 40 -feet Materials must be compatible with Building Materials architecture and/or color of the Dark green poly principal building or structure Case No. ZA16-049 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Specific Use Permit Request for a Residential Above Ground Cistern ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map (D) Surrounding Property Owners Responses (E) Resolution No. 16-037 Full Size Plans for Commission and Council Members only Link to PowerPoint Presentation Link to Narrative Link to Plans and Support Information Page 1- Site Plan Page 2- Tank Specifications Pages 3-5- Site Photographs STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. ZA16-049 BACKGROUND INFORMATION OWNERS/APPLICANT: Barbara Auyang PROPERTY SITUATION: 1065 Harbor Haven (formally 2935 Burney Lane) LEGAL DESCRIPTION: Lot 7, Block 3 Harbor Oaks Subdivision CURRENT ZONING: "SF -1A" Low Density Residential HISTORY: February 19, 1980; City Council approved a zoning change to "A-3" Single Family District and a preliminary plat for the Harbor Oaks subdivision. September 30, 1980; the Harbor Oaks subdivision final plat was filed. September 19, 1989; City Council approved the "SF -1A" Single Family Residential District with the adoption of Zoning Ordinance 480 and the Official Zoning Map. July 1992; a residential building permit was issued. April 2014; a residential demolition permit was issued. November 2014; a residential building permit was issued for construction of a new residence. SOUTHLAKE 2030: Consolidated Land Use Plan The Low Density Residential land use category is defined by the Southlake 2030 Comprehensive Plan as: "The Low Density Residential category is for detached single-family residential development at a net density of one or fewerdwelling units peracre. Netdensity is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi -Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. " The current development is consistent with the Low Density land use designation. STAFF COMMENTS: Due to the limited scope of the request, no staff review summary has been provided. Regulations for Section 45.47: Specific Use Permit for Above Ground Cisterns: Case No. Attachment A ZA16-049 Page 1 Setbacks: Per underlying zoning district Screening: From public right-of-way by landscaping, buildings or opaque fencing Location: To the side or rear of principal structure on property Materials: Materials must be compatible with architecture and/or color of the principal building or structure Other Requirements No signage shall be permitted on the above ground cistern No aerial downspouts shall be permitted The property owner shall ensure the system is not left in a dilapidated state even if not in operation. It shall be maintained in such manner that the system can become operational at any time, provided that rain water is available for the system to operate. The property owner shall ensure the rain water collection system does not become a source of water for pests, such as mosquitoes; Ensure the collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. The property owner shall ensure any alternate water supply with a connection to the municipal water supply is properly isolated from the municipal water supply with an air gap or a sufficient backflow prevention assembly device. (As amended by Ordinance No. 480-QQQQ) The City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following : (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. Note: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. MCommunity DevelopmenhMEM012016 CasesW49 - SUP - 1065 Harbor Haven Case No. Attachment A ZA16-049 Page 2 Vicinity Map 1065 Harbor Haven Case No. ZA16-049 N ZA1-049 ,Specific Use Permit 4 Residential Above Ground Cistern 204 400 ago Feet Attachment B Page 1 Surrounding Property Owners 1065 Harbor Haven Owner Zonin 1 O'CONNOR, MARTIN V SF1-A 2965 BURNEY LN 5.93 NR 2. RENDA, VICKI L SF1-A 1100 HARBOR HAVEN 3.21 NR 3• SAUDER, TERRY L SF1-A 1090 HARBOR HAVEN 2.63 NR 4. CHITWOOD, JOHN S SF1-A 1070 HARBOR HAVEN 2.53 NR 5• FARHAT, MIKE SF1-A 1060 HARBOR HAVEN 3.03 NR 6• WALSH, DENNIS M SF1-A 1115 HARBOR HAVEN 4.23 NR 7• HAMMER, JOHN G SF1-A 1105 HARBOR HAVEN 3.33 NR 8. SWANSON, PHILIP H SF1-A 1095 HARBOR HAVEN 4.26 NR 9• MITCHELL, MICHAEL O SF1-A 2925 HARBOR REFUGE 3.77 NR 10. HULTIN, ALLAN C SF1-A 1075 HARBOR HAVEN 1.93 NR 11. AUYANG REALTY LLC SF1-A 1065 HARBOR HAVEN 1.76 NR 12. JOHNSON, ROBERT A SF1-A 1110 HARBOR RETREAT 4.19 NR 13. LEEDY, BRETT SF1-A 2920 HARBOR REFUGE 1.39 NR 14. STARK, BENJAMIN E SF1-A 2925 BURNEY LN 1.73 NR 15. KING, ROBERT SF1-A 1100 HARBOR RETREAT 2.89 NR 16. FREEMAN, MICHAEL S SF1-A 2910 HARBOR REFUGE 1.49 NR 17• WAMBSGANSS, LEON SF1-A 2915 BURNEY LN 1.54 NR 18. ALI, BARKAT SF1-A 2905 HARBOR REFUGE 4.83 NR 19• MONRAD, JOHN M SF1-A 2905 BURNEY LN 1.54 NR 20. BOYER, LISA VU SF1-A 2900 HARBOR REFUGE 1.44 NR 21. CAPPS, WILLIAM T SF1-A 2890 HARBOR REFUGE 1.73 NR 22. SCHROEN, HANS H SF1-A 2895 BURNEY LN 1.45 NR 23• WARREN, GEORGIA L SF1-A 900 HARBOR CT 1.92 NR 24. NEWBY, WILLIAM M SF1-A 2885 BURNEY LN 1.85 NR 25. PETERSEN, JERRY SF1-A 1064 HARBOR RETREAT 1.68 NR 26. COOK, BILLY C SF1-A 895 HARBOR CT 1.95 F 27. GALIS, JAMIE L PETTY SF1-A 885 HARBOR CT 1.70 NR 28. LITTLEFIELD, HAYDEN SF1-A 875 HARBOR CT 1.90 NR 29. MOORE, MICHAEL H SF1-A 2875 BURNEY LN 1.77 NR Case No. Attachment C ZA15-049 Pagel 30. STANYER, JOSEPH SF1-A 1100 BURNEY LN 1.43 NR 31. BUFANO, F K SF1-A 1095 HARBOR RETREAT 2.65 NR 32• ZIELKE, RODNEY SF1-A 1075 HARBOR RETREAT 1.56 NR 33• ZIELKE, RODNEY SF1-A 1090 BURNEY LN 1.46 NR 34• Current Owner, Current Owner SF1-A 1105 HARBOR RETREAT 2.11 NR 35. HAKEMY, SHAIR B SF1-A 1120 HARBOR HAVEN 7.95 NR 36. HITCHCOCK, GILBERT L SF1-A 1110 HARBOR HAVEN 3.14 NR 37• KOHM, DAVID S SF1-A 3595 BURNEY LN 7.23 NR 38. HOFFMAN-HILL, BARBARA K SF1-A 1085 BURNEY LN 4.83 NR 39• STAPLES, RANDY SF1-A 1080 HARBOR HAVEN 2.57 NR 40. CLAXTON, MARK SF1-A 1115 HARBOR RETREAT 2.34 NR 41. HOUSMANS, ERROL V SF1-A 2970 BURNEY LN 2.00 NR 42. FREDRICKS, JACK M SF1-A 2960 BURNEY LN 2.17 NR 43• WINN, DARIN SF1-A 2950 BURNEY LN 2.14 NR 44. FISCHBACH, BARBARA JO SF1-A 2940 BURNEY LN 2.28 NR 45. WILSON, JOHN N SF1-A 2930 BURNEY LN 2.19 NR 46• STEWART, JOHN D SF1-A 2920 BURNEY LN 2.01 NR 47• HAKERT, AMY SF1-A 2910 BURNEY LN 2.21 NR 48. LAND, KENNETH W SF1-A 2900 BURNEY LN 2.42 NR 49• CHANCELLOR, RAYMOND L SF1-A 890 HARBOR CT 1.78 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-nine (49) Responses Received: In Favor: 1 No Response: 48 Opposed: 0 Case No. Attachment C ZA15-049 Page 2 Responses Notification Response Form ZAl "49 Meeting Date., August 4, 2016 at 6:30 PM COOK, BILLY C 895 KARBOR CT SOUTHLAKE, TX 76092. 'LEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s)of the pfoperty so noted above, are hereby in fear opposedto undecided about (circle or underline one) the proposed Specific Use Permit referenced move. Space for comments regarding your position: Signature; -' Date: Additional Signature: Date: Printed Narne(s): Must be prop" owrmr(s) whoso name(&) er Tinted at tap. Otherwise contact the Plannln+p0e.vartment. One fo m per property. Phone Number (optional): Case No. Attachment E ZA16-049 Page 1 RESOLUTION NO. 16-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT SPECIFIC USE PERMIT FOR A RESIDENTIAL ABOVE GROUND CISTERN WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1407 NORTHRIDGE DRIVE, BEING DESCRIBED AS LOT 7, BLOCK 3 HARBOR OAKS SUBDIVISION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit Specific Use Permit for a Residential Above Ground Cistern has been requested by a person or corporation having a proprietary interest in the property zoned as "SF -1A" Single Family Residential District; and, WHEREAS, in accordance with the requirements of Section 45.1 (45) and 45.1.47 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a Residential Above Ground Cistern on residential property on 1065 Harbor Haven being described as Lot 7, Block 3 Harbor Oaks Subdivision as depicted on the approved Site Exhibit attached hereto and incorporated herein as Exhibit "A" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. Case No. Attachment E ZA16-049 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2016. CITY OF SOUTHLAKE Laura Hill, Mayor ATTEST: Lori Payne City Secretary Case No. Attachment E ZA16-049 Page 2 1*:/:I14kW-11 Reserved for Exhibits Case No. Attachment E ZA16-049 Page 3