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
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ZA 16-049
Specific Use Permit
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0 200 400 800
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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