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