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Item 6B DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA16-045 Review No.: Two -Revised Date of Review 8/2/16 Project Name: Zoning Change and Development Plan—Matthews Court APPLICANT: Four Peaks Development, LLC OWNER: Landlock LLC, do Warren Clark Development Tom Matthews Dale Clark 2600 E. Southlake Blvd., Suite 120-323 16390 Addison Rd. Southlake, Texas, 76092 Addison, Texas, 75001 Phone: 214-676-3434 Phone: 972-931-8971 Fax: 817-481-4074 Fax: 972-931-8975 Email: Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/23/16 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT JEROD POTTS AT(817)748-8195. • Planning Review Jerod Potts Planner I Phone: (817) 748-8195 Email: ipottsa.ci.southlake.tx.us 1. Regarding the written narrative: a. Describe the use, operation, phasing, infrastructure to be provided, etc. Note, this development as proposed is dependent upon acquisition of offsite R.O.W. and construction of a portion of Zena Rucker Rd. Clarify this in the narrative. b. Change all references from "concept plan"within the narrative, development regulations and anywhere else to"development plan." c. In terms of that phasing, the development plan states that anticipated start date for this project is 4th Quarter 2015. Please correct the phasing on the development plan, and in the narrative if necessary. 2. The open space management plan as submitted does not address the following requirement within Section 33.20, Ordinance No. 480, as amended. Update the open space plan to address the requirement within this section. 33.20 OPEN SPACE MANAGEMENT PLANS—For all development proposing any private or public open space, an open space management plan is required that: 5. Provides for enforcement of the plan; 3. Where a private street is requested, Subdivision Ordinance No. 483, as amended, requires the following: Comment 3 and comments 4 and 5 that follow all specifically reference Subdivision Ordinance No. 483, as amended, Section 5.05 Private Street Standards in Residential Subdivisions. Below, please note the following items regarding maintenance, easements and access restrictions. (Sections 5.05 A, B, C, D, E, and F): Case No. Attachment ZA16-045 Page 1 A. Maintenance Cost.-A homeowner's association is responsible for the cost of maintenance of private streets. The City shall have no responsibility for and shall not pay for any portion of the cost of maintaining a private street. B. City Services: The City has no obligation to maintain private streets. Depending on the characteristics of the proposed private street subdivision, the City may not provide certain other services. Among the services which may not be provided are routine police patrols, enforcement of traffic and parking ordinances, and preparation of accident reports. C. Maintenance Standards:Maintenance, amenities, and landscaping of private streets shall conform to the same standards regulating the maintenance, amenities, and landscaping of public streets. 5-11 D. Retention of Easements:A utility, drainage, and emergency access easement shall be retained in private streets by the City and other utility companies: 1. providing unrestricted use of the property for utilities and their maintenance; 2. extending easement rights to all utility providers including telecable companies operating within the City;3. providing the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement; and 4. permitting the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. Proposed Matthews Court will be a private access, emergency access, drainage and utility easement. The lot needs to be dedicated to and maintained by the homeowner's association. E. City Assumption of Maintenance: The City shall be the sole judge of whether repairs to a private street are needed. If a homeowner's association, its successors or assigns, fall or refuse to adequately maintain private streets and related appurtenances, the City shall have the right, but not the obligation, to assume temporarily the duty of performing the association's maintenance obligations at any time after the expiration of sixty(60) days after receipt by the association, its successors or assigns of written notice from the city specifying the nature and extent of the failure to maintain. 1. Upon assuming such maintenance obligations, the City shall have the right to collect, when they become due, the assessments levied by the homeowner's association for the purposes of repairing and maintaining the private streets and related appurtenances, and if necessary, the City shall have the right to enforce the payment of delinquent assessments in the manner set forth in the association's documents. 2. The City shall also have the right to levy an assessment upon each lot on a pm rata basis for the cost of such maintenance, which assessment shall constitute an assessment lien upon the lot against which each assessment is made. 3. Under no circumstances, shall the City be liable to the association or any lot owner or their respective heirs, successors or assigns for negligent acts or omissions relating in any manner to maintaining, improving and preserving the private streets and related appurtenances. F. Access Restrictions: The entrances to all private streets shall be marked with a sign stating that it is a private street. Either a guard house or an access control device such as a gate or cross arm shall be constructed at each entrance. All restricted access entrances shall be manned 24 hours every day, or an alternative means shall be provided of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the association fails to maintain reliable access as required 4. Please note the following Restricted Access Entrance Design Standards from the Subdivision Ordinance No. 483, as amended, Section 5.05.G: Case No. Attachment ZA16-045 Page 2 G. Restricted Access Entrance Design Standards:Private streets which have access controlled by a gate, cross arm, or other access control device shall conform to the following requirements: 1. The street must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. 2. If an overhead barrier is used, it shall have a minimum height above the road surface as required by the Fire Code for fire lanes. 3. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, shall be approved by the Fire Department before installation. 4. The gates, cross arms, and access control devices shall be tested and accepted by the Fire Department before being put into operation. 5. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. 6. If the entrance incorporates a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the Fire Department. This approval shall be contingent upon the subdivision with private sheets having a second approved means of access, but in no case shall any single gate or street pavement have a clear opening of less than 15 feet. 5. Regarding the private gate to the subdivision, note the following design standards items from Subdivision Ordinance(Sections 5.05 H, I, and J): H. Visitor Entrance Design Standards:At least one entrance to a subdivision with private streets shall be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, the visitor entrance shall be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in an automobile queuing. A turn-around space with a minimum outside radius of 30 feet shall be located between any call or code box and the access control device to allow vehicles denied access to safely exit onto public streets in a "head out"position. A sign shall be erected next to the edge of such turn around space to prohibit vehicle parking in such space. A residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. I. Resident Only Entrance Design Standards:In addition to the above Restricted Access Entrance Design Standards, an access control device that requires residents to use a key, card, or code to gain access shall setback internally a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing;except, that resident entrances equipped with an electronic opener that allows residents to remotely open the 5-13 access control device and enter the subdivision without having to stop are exempted from this requirement. A sign shall be erected next to any resident entrance that does not meet the 50 foot setback requirement of this paragraph and does not provide a turn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. J. Cost of Design Standards: The homeowner's association shall pay the cost of complying with required design standards. 6. Existing overhead utilities need to be relocated. All new franchise utilities must be placed underground and ground equipment screened in accordance with Subdivision Ordinance No. 483 Section 8.05. Applicant has included note on Development Plan. Case No. Attachment ZA16-045 Page 3 7. Note Public Works Engineering comments below regarding fencing along the west property line. No fences can be built within the flood plain. The screening and fencing exhibit includes a note to this effect, but the exhibit itself shows fencing that appears to encroach into the flood plain. Please consider revising this plan to show fencing meeting this requirement. The following are recommendations and observations by staff where your application may benefit and does not represent a requirement • Staff recommends providing a materials sample board. • All development must comply with the underlying zoning district regulations. Building Inspections Review Susan Hernandez Deputy Building Official Phone: (817) 748-8238 Fax: (817) 748-8241 E-mail: shemandez@ci.southlake.tx.us • Separate permit required for open space features - tower, shade structure, water feature, stone wall, etc. • Demolition permit required for removal of barn/stable. • Contact Christi Upton for notification of removal of existing water well. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 Fax: (817) 748-8077 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. A Developer Agreement shall be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. 3. Label distance between median Lot 2X, Block B and the edge of pavement of Lots 1 and 8. Distance shall be sufficient width and approved by the Fire Marshal. 4. Proposed private streets must be constructed to conform to City street standards. • Street intersections shall comply with TDLR/ADA accessibility standards. • Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Case No. Attachment ZA16-045 Page 4 orgoloomMilM, .M.110111011•1111111111111111111110.• • • * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: htto://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. limits of 100- year floodplain shall be shown and contained within a dedicated drainage easement. 2. Fences will not be allowed within dedicated drainage easements along the western property line of Lots 1, 2 and 3. * Water, sanitary sewer and storm drain lines cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SEWER COMMENTS: 1. Extend 8" Sanitary Sewer to east side of right of way along Zena Rucker Road. Ordinance No. 440. 2. Proposed 8" sanitary sewer shall be located in parkway - not under pavement, except for crossings. 3. Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. 4. Extend 8"Waterline to southern property line along dedicated 15' utility easement. 5. All water line stubs must have 2 joints past the valve with a 2" blow-off per the City's details. 6. Water and sanitary sewer lines in easements or right of way shall be constructed to City standards. * Minimum size for water and sanitary sewer lines is 8". * Water and sewer lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1" inch meter must have a 1"tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. DRAINAGE COMMENTS: 1. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Property drains into a Critical Drainage Structure #23 and requires a fee to be paid prior to beginning construction ($309.83/Acre). Case No. Attachment ZA16-045 Page 5 * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.cityofsouthlake.com/PublicWorks/engineerinqdesiqn asp * New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part Ill, Section F of the permit. The City of Southlake especially reviews Part Ill, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with CMI Construction Plans a Retaining Wall Layout sheet. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City's sewer, water or storm sewer system. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 Fax: (817)481-5713 E-mail: kmartin@ci.southlake.tx.us * Most of the existing trees on the site are pioneering tree species that have grown on the site in the past 5 to 10 years. They consist of Hackberry, Cedar Elm, and American Elm which are multi- trunked or in clusters that sprouted after being brush hogged and then left to grow. The most prominent quality trees are along the west property boundary of the property where they are proposed to be preserved. The Developer has also chosen the most prominent quality trees in the interior of the property to preserve. * The proposed zoning for the development is Residential Planned Unit Development, R-PUD and is subject to City Council Approval of the Tree Conservation Plan as presented. The existing tree Case No. Attachment ZA16-045 Page 6 • cover is approximately 39.8% and under straight zoning a minimum of 60% of the existing tree cove would be required to be preserved. The applicant is proposing to preserve 45.4% of the existing trees cover and another 8.4% may possibly preserve depending on the individual lot grading. A possible 53.7% of existing tree cover could 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 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Case No. Attachment ZA16-045 Page 7 Ordinance. 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. Indicates informational comment. # Indicates required items comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 Fax: (817) 748-8181 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The gated entry, if approved, must be equipped with an Opticom or KS-2 switch for opening the gate electronically, as well as a means for manual opening. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (A minimum of 85,000 lbs GVW). Fire access roads must be at least 31 ft back of curb to back of curb. (Standard street width) (Plans do not indicate appropriate street widths along all areas that parallel residential lots) Community Service/Parks Department Review Peter Kao Construction Manager Phone: (817) 748-8607 Fax: (817) 748-8027 Email: pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee credits and/or acceptance of land dedication. 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$6250 per dwelling unit x 8 dwelling units= $50,000.00. (Resolution 16-026). Case No. Attachment ZA16-045 Page 8 Per Section 7.02 of Subdivision Ordinance No. 483, as amended: Section 7.02 Applicability: A. Unplatted Property. This section, as amended, applies to all property for which a final plat has not been formally submitted to the City for approval, unless otherwise noted herein. B. Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at the time of adoption of this ordinance shall be exempt from the dedication requirements of this section herein if the residential dwelling remains on the lot This exemption pertains only to the tract or lot with the existing residential dwelling. Any additional lots created by further subdivision of the property shall be subject to the requirements herein. C. Date of Assessment All requirements contained in this section shall be assessed at the time of approval of the final plat of any applicable property. Pathway Comments: Review termination of east pathway along Zena Rucker. Should terminate in R.O.W so that adjacent property can connect. Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should 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. Informational Comments: • Regarding the Site Data Summary Chart- consider a separate chart for the proposed R-PUD district regulations " Ensure that all easements on or adjacent to the site, if any, are shown, labeled and dimensioned with the type and record instrument number. Show any critical easements, drainage, and/or flood plains. • The applicant is proposing to build the private street as part of the PUD regulations. Per Section 5.04 of Subdivision Ordinance No. 483, as amended: Private streets are not permitted in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. An existing subdivision zoned for residential use may be converted to a subdivision with private streets in place of public streets in compliance with this section. For purposes of this section, "existing subdivision"means a platted subdivision in which 75% or more of the lots contain homeowner occupied structures. • Zena Rucker Road is designated as a 2-lane collector(C2U) with a minimum 60' R.O.W. required. A minimum radius of 400' and minimum tangent length of 50' between curves is required per Subdivision Ordinance No. 483. • No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment ZA16-045 Page 9 * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Park Fees and Road/Bridge Improvements credits or reimbursements are matters subject to approval of a Developer's Agreement by City Council. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment ZA16-045 Page 10