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Item 4ICase No. ZA16-078 S T A F F R E P O R T October 26, 2016 CASE NO: ZA16-078 PROJECT: Plat Revision for 2580 Greenbough Lane EXECUTIVE SUMMARY: CBG Surveying, Inc., on behalf of Deno T. Maggi, is requesting approval of a Plat Revision for Lots 11R1 and 11R2, S. Freeman No. 525 Addition, being a revision of Lot 11, S. Freeman No. 525 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2580 Greenbough Lane, Southlake, Texas. SPIN Neighborhood #4. REQUEST: CBG Surveying, Inc., on behalf of Deno T. Maggi, is requesting approval of a Plat Revision for Lot 11, S. Freeman No. 525 Addition, generally located at the end of Greenbough Lane approximately 1,500 feet east of Shady Lane. The purpose of this item is to split one 4.12 acre lot into two buildable lots of approximately 3.01 and 1.10 acres. Plat Data Summary Existing Zoning ‘SF-1A’ Single-Family Residential district Land Use Designation Low Density Residential Gross/Net Acreage 4.12 acres/4.12 acres Number of Existing / Proposed Lots 1 / 2 VARIANCES REQUESTED: 1) Subdivision Ordinance No. 483, as amended, Section 8.01.d states all side lot lines shall be perpendicular to the right of way lines or radial in the case of a cul-de-sac or curvilinear design. The proposed lots do not meet the requirement for perpendicular lot lines. Applicant requests a variance to allow lot lines as shown. 2) Subdivision Ordinance No. 483, as amended, Section 5.06.b.2.a states that sidewalks shall be required for all residential subd ivisions platted or replatted. A minimum 4-foot sidewalk for the proposed lots along Greenbough Lane is required with any house construction. Applicant requests a variance to not construct sidewalks. ACTION NEEDED: 1) Consider Approval of Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Revision Review Summary No. 2, dated October 14, 2016 (D) Surrounding Property Owners Map Department of Planning & Development Services Case No. ZA16-078 Link to PowerPoint Presentation Link to Plat and Supporting Information Page 1 - Plat Revision Page 2 - Tree Conservation Analysis Page 3-4 - Variance Requests STAFF CONTACT: Ken Baker (817) 748-8067 David Jones (817) 748-8070 Case No. Attachment A ZA16-078 Page 1 BACKGROUND INFORMATION OWNERS: Deno and Kristin Maggi APPLICANT: CBG Surveying, Inc. PROPERTY SITUATION: 2580 Greenbough Lane LEGAL DESCRIPTION: Lot 11, S. Freeman No. 525 Addition, Southlake, Texas LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-1A" Single-Family Residential District HISTORY: September 1964, the portion of the property which lies in the S. Freeman Survey, Abstract No. 525 was annexed into the City of Southlake (Ord. No. 125). According to Tarrant Appraisal District records, the existing house on site was built in 1965. February 1968, the portion of the property which lies in the John L. Whitman Survey, Abstract No. 1593 was annexed into the City of Southlake (Ord. No. 150). September 1989, the property was designated “SF -1A” Single-Family Residential district on the official zoning map (Ord. No. 480). February 2012, a two lot plat showing was approved for Lots 10 and 11, S. Freeman No. 525 Addition, which platted Tract 2B04, Samuel Freeman Survey, Abstract No. 525, and Tract 8C01, John L. Whitman Survey, Abstract No. 1523. CITIZEN INPUT: To date, a SPIN Town Hall Forum has not been held SOUTHLAKE 2030: Consolidated Future Land Use Plan The Southlake 2030 Future Land Use Plan designates 2580 Greenbough Lane as Low Density Residential. 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. The Low Density Residential category encourages the openness and rural character of the City of Southlake . Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan designates Greenbough Lane as a local street. The subject property is platted; no right of way dedication will be required by the proposed plat revision. Case No. Attachment A ZA16-078 Page 2 Pathway Master Plan & Sidewalk Plan The Pathways Master Plan does not indicate a p lan for sidewalk at this location, however, the Subdivision Ordinance No. 483, as amended, does require minimum 4-foot sidewalk construction with any residential development or replat. (Variance requested) UTILITIES: Water The property is serviced by a 6 inch water main which runs along Greenbough Lane. Sewer The property is served by an 8 inch sewer main which runs along Greenbough Lane. TREE PRESERVATION: The applicant has submitted a Tree Conservation Analysis in place of the required Tree Conservation Plan. If a building permit is sought, the proposed construction must comply with the regulations of the Tree Preservation Ordinance No. 585-D and the proposed construction must comply with the existing tree cover preservation requirements as outlined within the ordinance. The estimated tree coverage for the undeveloped proposed Lot 11R2 is 28.3%. The required preservation is 60%. The provided Tree Conservation Analysis indicates approximately 89.3% will be retained. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated October 14, 2016. Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which specifically apply to Planned Unit Development. Case No. Attachment A ZA16-078 Page 3 PLANNING AND ZONING COMMISSION ACTION: October 20, 2016; Voted 4-0 to approve subject to Staff Report dated October 14, 2016 and Plat Revision review summary #2 and specifically granting the two variances and also noting applicant’s willingness to potentially escrow sidewalk cost proceeds related to variance request #2. Case No. Attachment B ZA16-078 Page 1 Case No. Attachment C ZA16-078 Page 1 PLAT REVISION REVIEW SUMMARY Case No.: ZA16-078 Review No.: Two Date of Review: 10/14/16 Project Name: Lots 11A & 11B, Block 1, S. Freeman No. 525 Addition APPLICANT: Clint Groomer OWNER: Deno T. Maggi CBG Surveying, Inc. 2624 Rolling Lane 12025 Shiloh Road #230 Dallas, Texas 75228 Southlake, TX 76092 Phone: (214) 349-9485 Phone: (903) 819-7477 Email: clintg@cbginctx.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/19/16 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE ST IPULATIONS 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 THE APPROPRIATE STAFF MEMBER. Planning Review David Jones, AICP Principal Planner Phone: (817) 748-8070 Email: djones@ci.southlake.tx.us 1. Application fee payment in the amount of $465.00 was made to City of Southlake on September 23, 2016. 2. Provide 4’ sidewalks per Subdivision Ordinance Section 5.06(2)B, Article V “Street and Rig ht of Way Requirements”. A variance is requested. 3. Subdivision Ordinance Section 8.01D, Article VIII “General Requirements” requires that lot lines on cul-de-sacs be radial to the right of way line. T his requirement applies to this plat revision because the proposed dividing line between Lot 11A and 11B does not extend radially from the edge of the Greenbough Lane Right of Way line. A variance is requested. 4. Upon connection to public sanitary sewer, existing septic system must be remediated in accordance with Tarrant County Health Department requirements. Ensure system does not encroach into the proposed Lot boundary. For questions regarding remediation, contact the Environmental Health Division of Tarrant County Health Department at 817-321-4960. 5. Use Standard Title Block as found in Appendix 6 of the Subdivision Ordinance. 6. Use Standard Approval Block for Plat Revision as found in Appendix 9 of the Subdivision Ordinance. __________________________________________________________________________________ Case No. Attachment C ZA16-078 Page 2 Public Works/Engineering Review Om Chhetri, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: ochhetri@ci.southlake.tx.us GENERAL COMMENTS: 1. It appears that the existing building/property is not connected to the City’s sanitary sewer built in 2000. Per city ordinance 440, If a city sewer line is constructed or extended to within 100 feet of the property line of any property within the city after such property has been developed, such property shall be connected with the city's sewer system within 90 days of the city sewer line being constructed or extended to within 100 feet of the property line. A variance shall be requested if the existing pro perty (Lot 11R1) intends not to connect to existing City’s sanitary sewer system. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. *=Denotes informational comment. Community Services Review Peter Kao Construction Manager Phone: (817) 748-8607 e-mail: 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 payments or fee credits. 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, residentia l park dedication fees in the amount of $6250 per dwelling unit x 1 dwelling units= $6250.00. Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System o r sidewalk connections and between buildings. Should provide Case No. Attachment C ZA16-078 Page 3 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 accessi bility requirements. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information __________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The proposed existing tree cover preservation complies with the Required Tree Cover Preservation of the Tree Preservation Ordinance. There is 28.3% of existing tree cover on the property and 60% of the tree cover is required to be preserved. The applicant is proposing to preserve 89.3% of the existing tree cover. * 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 wi ll 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 the entire site Minimum percentage of the 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. * 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 sho wn to be preserved on the Case No. Attachment C ZA16-078 Page 4 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. General Informational Comments * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Original signatures and seals will be required on one blackline mylar and one paper blackline prior to filing the plat. Prints will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Please submit a "check print" prior to submitting blackline mylars with original signatures. * The applicant should be aware that prior to issuance of a building permit a P lat 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. * A “Certificate of Taxes Paid” indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector’s Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There i s a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s office at 817 -884-1186. * Denotes Informational Comment Case No. Attachment E ZA16-078 Page 1 SURROUNDING PROPERTY OWNERS Plat Revision SPO # Owner Property Address Zoning Acreage Response 1. KANDUKURI, GOPI 817 LA JOLLA SF-1A 1.04 NR 2. MAGGI, DENO T 2624 ROLLING LN SF-1A 4.12 NR 3. Superintendent of Carroll ISD NR 4. Superintendent of Grapevine Colleyville ISD NR 5. Superintendent of Northwest ISD NR 6. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Letters Sent: Six (6) Responses Received: None to date