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Item 6H 13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT August 30, 2016 CASE NO: ZA16-049 PROJECT: Specific Use Permit for a Residential Above Ground Cistern EXECUTIVE SUMMARY: 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 (formerly 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 (formerly 2935 Burney Lane)to store well water to irrigate a vegetable garden and to provide water for her residence. The cistern will be located in the rear yard and will be screened with shrubs to meet the ordinance. The applicant proposes an 85-inch diameter by 56-inches high above ground dark green poly cylindrical cistern with an 1,125- gallon capacity. The specifications are located in the Plans and Support Information. A letter from the well company explaining the decision to install the cistern above ground has been included in the Narratives. Previously, at the August 4, 2016 City Council meeting,the applicant proposed an 870 gallon, 60-inch diameter by 78-inch high dark green poly cylindrical cistern. The above ground cistern was to be used for watering a vegetable garden. For the August 18, 2016 Planning and Zoning Commission meeting,the applicant revised the size of the proposed cistern and narrative for water storage for the residence and the vegetable garden. 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 the Staff Comments of this 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). Case No. ZA16-049 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 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval 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 Pages 1-3 Site Plans Pages 4-5 Tank Specifications Pages 6-11 Site Photographs STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (818) 748-8269 Case No. ZA16-049 BACKGROUND INFORMATION OWNERS/APPLICANT: Barbara Auyang PROPERTY SITUATION: 1065 Harbor Haven (formerly 2935 Burney Lane) LEGAL DESCRIPTION: Lot 7, Block 3 Harbor Oaks Subdivision CURRENT ZONING: "SF-1 A" 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 fewer dwelling units per acre. Net density 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. PLANNING AND ZONING COMMISSION: August 4, 2016; Approved (5-0) the motion to table the item, per the applicant's request, to the August 18, 2016 regular Planning and Zoning Commission meeting. Case No. Attachment A ZA16-049 Page 1 August 18, 2016; Approved (4-0) subject to the Staff Report dated August 12, 2016; specifically granting the variances 1 and 2 contained in the staff report; and noting the applicant's willingness to place plant material around the above ground cistern. 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: • 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) FACTORS TO BE CONSIDERED -In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. C. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic Case No. Attachment A ZA16-049 Page 2 control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. 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 (As amended by Ordinance No. 480-MMMM): (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. WCommunity DevelopmentWEMO12016 Cases1049-SUP-1065 Harbor Haven Case No. Attachment A ZA16-049 Page 3 Vicinity Map 1065 Harbor Haven 0 1085 N M 359 3000 0 Go rn rn N N O N 10 W �j to CPI N 0 O O� ��oA 1100 NN 1080 �f�� 10g0 1105 1060 1070 ARB � 10g5 N 1075 W U' Q) N i [P N � ti N N N � o O p� N c� 1100 880 0 0 �' 1105 � 2cP �09y ZA 16-049 Specific Use Permit y Residential Above Ground Cistern 0 200 400 800 f Feet v Case No. Attachment B ZA16-049 Page 1 Surrounding Property Owners 1065 Harbor Haven 4 � � r m - 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 F 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, ROBERTA 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 F 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 O 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: 3 No Response: 45 Opposed: 1 Case No. Attachment C ZA15-049 Page 2 Responses Notification Response Form ZA16-049 Meeting Date: August 4, 2016 at 6:30 PM COOK, BILLY C 895 HARBOR CT SOUTHLAKE, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY -BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Signature: /' Dater 41 Additional Signature: Date: Printed Name(s): 3,, //z c/,�' /,"3,,0,, Must be property owner(s)whose names)ar rinted at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA16-049 Pagel Notification Response Form ZA16-049 Meeting Date: August 4,2016 at 6:30 PM KING, ROBERT 1100 HARBOR RETREAT ST SOUTHLAKE, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner ) of the property so noted above, are hereby Lin'favor-of) opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Signature: Date: , Additional Signature:/ Dater j� Printed Name(s): Y ` V-YN Must be property owner(s)whose name(s)are printed at top. Otherwise contact the Plannin epartment. One form per property. Phone Number (optional): Case No. Attachment E ZA16-049 Page 2 Notification Response Form ZA16-049 Meeting Date: August 4, 2016 at 6:30 PM MITCHELL, MICHAEL O 2925 HARBOR REFUGE ST SOUTHLAKE,TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: Z kv. AV Signature: ' Date: J-Z,?- zq,� Additional Signature: Date: Printed Name(s): t Must be property owner(s)whose name(s)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA16-049 Page 3 08/04/2016 11:04 FAX 001 Notification Response Form ZA16-049 Meeting Cate:August 4,2016 at 6.30 PM STAPLES,RANDY 1080 HARBOR HAVEN ST SOUTHLAKE,TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s)of the property so noted above, are hereby in favor of op a�osed fio undecided about (circle or underline one) the proposed Specific Use Permit referenced above. i Space for comments regarding your pool- ion: Signature: _ bate: -� Additional Signature: Efate: Printed Name(s): �a- ` A d& :r Must to pmperty owrar(s)whose nane(s)are pdfted at top_ pthe 'Se contact the Planning Deperiment. One form per property- Phone Number (optional): Z, Case No. Attachment E ZA16-049 Page 4 08/04/2016 11:05 FAX C�j003 RE:PUBLIC HEARING NOTICE ZA16-049 We appose the granting of this special use permit for 1065 Harbor Haven St.The Harbor Oaks subdivision that will be negatively impacted since it is a nice residential neighborhood containing many upscale traditional homes.The applicants seeking the variance have built anything but a nice upscale home.It is more like a commercial building.In fact,many of the neighbors have likened it to a correctional facility with its flat roofand two story guard towers. The applicant wanted to build this home in Westlake,but the architectural plans were rejected as not suitable for the upscale area.This is relevant because now the applicant wants to make their property more commercial by adding a huge 874 gallon above ground cistern standing 78"in high. And why do they want this cistern?To water a garden.This is unacceptable. SECTION 45—Proposal is out of compliance We have read Section 45 and spoken to your staff regarding SPECII;IC USE 47,ABOVE- GROUND CISTERNS.One requirement is that the cistern be screened"from public rifhit-ot'- way by landscaping,buildings or opaque fencing',This cistern will be visible from three streets: Burney Lane,Harbor Haven,and Harbor Refuge Streets.I asked one of your staff`if they had driven by the property.Slw said that she had,and agreed with me that this huge cistern would be visible from the streets.She also said that the homeowner indicated that they would plant "bushes."The tact is that while there are same Photinias already in place on the east side of their property,these plants are either thin wid.sickly or only one foot tall.'They will not screen the huge cistern. There are so many problems with the applicant's screening plan. The cistern they want to install is a very huge structure. I. Will you require that the screen be in place immediately`? 1 Will the applicant plant plants that are large enough for an immediate screen on all three sides visible to public roadways,or will they plant plants that take years to mature? 3. Ifthe applicant is given years for the plants to mature,won't they be in violation of Section 457 It is set frustrating to live in a nice upscale neighborhood fur three decades and then find out that code enforeernent docs not work.As an example,a residence across the street at 2940 Barney Lane appears to have a similar large tank In their back yard visible from the street that is supposed to be screened buy a lattice fence,that is 3 fcct to short and you can see right through the lattice.Was that approved by you as adequate screening?It does not screen. 4. Does the applicant have sufficient knowledge of Texas plants that might make an adequate screen'? Large shrubs tend to get very leggy at the lower levels and the cistern would be visible. Case No. Attachment E ZA16-049 Page 5 08/04/2016 11:05 FAA 16444 S. Will the plants be evergreen and dense enough to provide adequate screening?According to a well-known North'texas gardening expert Neal Sperry,Photinias should never be planted hi this area because they Are being wiped nut by a fungal leaf sport, So,these foot high plants, while they may grow,are likely to die and there will be no screening at all. 6. How do we ensure that the applicant does what they say they will do after getting of the special use permit?`Che final inspection of the hoine was in May,four months ago,and yet they still have a porta potty in their front yard about 10 feet from the street.According to the building inspect stali'l spoke with,this should have been removed by now. 7. What protection is the rest of the neighborhood going to have against bad intent or inadequate attempts at screening by plantings? We do riot believe that this huge cistern can be adequately screened by plantings bushes. SECTION 45.5—Factors to be conxldered t This section of the code provides,in part,that"adverse effect on adjacent properties"is to be considered in determining whether or not to Arant the spcial use permit. Is there any doubt that this huge cistern will have:a negative effect?As proposed,we dot not think that there is chalice that it can be adequate screened.The ver fAct that there is a re uiretttettt that it be scrce�tcd is evidence that it presence will have a ncative elect on the cornnaunity.Otherwisc._there would be no screening requirement. It is impossible to quantity the property values lost because of the presence of the proposed giant cistern,but it exists and it is very real.Even more harmful to those of us closest to the applicant's property is the effect on marketability of out property.If you were looking for a home in my neighborhood and given the choice of similar homes, 1 doubt that you would want the one near this property with the big cistern.Additionally,the home at 2940 Burney the one with the big cistern has been for sale rnultiplu times and has not sold.Could the cistern be the reason? � In conclusion,we ask your to consider the following, We disoovered an internet site that identifies all water wells near any address you input. We found several oil Burney Lanc all very near 1065 Harbor Haven as well as the surrounding streets. We walked and drove around these addresses.Only one had a cistern,the one at 2940 Burnley. Is it more important 1br the applicant to have this huge cistern to water their garden than the rest of the neighborhood retaining their property value and marketability? Lase NO. Atiacnment t ZA16-049 Page 6 08/04/2016 11:05 FAX 005 IS it important that they stare water to water a garden what water is available on demand from their well or city water supply at any time by turning on a faucet?,After all,they have told your staffthey are not collecting ruin water,sea there is no cost saving to the applicant,but there is a cost to the rest of the neighborhood.if that is true is their unjustifiable need to store water more irnportaht than the property rights of the rest of the neighborhood? We ask that you deny the applicant's special use permit for this giant cistern.It will not in any way damage or harm the applicant as they have all the water they want.Granting it could damage the property values and marketability of property of many other residents of the neighborhood. If they are insistent an having a huge cistern they should work with your staff and the neighborhood to came up with a better solution than planting bushes. In talking about citizen's rights,Supreme Court Justice Oliver Wendell Hohnes,Jr.once said "Your right to swing your fist ends were my arose begins".We are all free to use and enjoy our property until it infringes on someone else's right to use and enjoy theirs's. i i Case No. Attachment E ZA16-049 Page 7 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 By: Laura Hill, Mayor ATTEST: Lori Payne City Secretary Case No. Attachment E ZA16-049 Page 2 EXHIBIT `A' Reserved for Exhibits Case No. Attachment E ZA16-049 Page 3