Item 6C
Zoning Change and Concept Plan 2500 N. Kimball Avenue (ZA16-092)
Item 6C
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Owner: David Meers
Applicant: G&A Consultants on behalf of Phillip Kushner
Request: Zoning Change and Concept Plan from “AG” Agricultural District” and “SF-1A” Single Family Residential
District to “SF-1A” Single Family Residential District to create two single-family residential lots on approximately 3.106 acres.
Location: 2500 and 2510 N. Kimball Avenue
ZA16-092
G&A Consultants on behalf of Phillip Kushner is requesting approval of a Zoning Change and Concept Plan for Kushner Addition on property located at 2500 & 2510 N. Kimball Avenue, Southlake,
Texas. The current zoning: “AG” Agricultural District and “SF-1A” Single-Family Residential District. Requested zoning: “SF-1A” Single Family Residential District. The 3.106 acre subject
property is generally located 2,300 feet north of the intersection of N. Kimball Avenue and E. Dove Road. The purpose of this item is to seek approval of a Zoning Change and Concept
Plan for two (2) single-family residential lots on approximately 3.106 gross acres.
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The future land use is Medium Density Residential in the area of the existing house (Lot 1GG) and a combination of MDR and Floodplain on the rear lot (Lot 1C1B)
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SF-1A
AG
The zoning of the residential Lot 1GG (where the existing house sits) is SF-1A and the zoning of the rear Lot 1C1B is AG. The proposal would change the zoning of the rear lot to SF-1A.
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Aerial View
The blue dashed area indicates the Army Corps of Engineers flowage easement (572 contour).
There is one property owner in opposition whose land comprises approximately 11.08% of the
property within 200 feet of the subject property.
For the purposes of calculating the percentage of opposition, land which is within the City of Grapevine and within 200 feet of the
subject property is included in the calculation; however, no opposition from owners of property outside the City of Southlake is considered when calculating the percentage of property
which owned by those in opposition. (Ref. Tim Sralla legal opinion dated February 28, 2013 responding to a question solicited by the City of Southlake and referencing a 2008 opinion
letter issued by the Texas AG, No. GA-0630)
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View North
Oblique view looking north toward Grapevine Lake. N Kimball and the City of Grapevine is on the right edge of the screen. The Army Corps property is the large tract in the center and
upper right of the screen.
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View South
Oblique view looking south toward Dove Road. N Kimball and the City of Grapevine is on the left edge of the screen. The Army Corps property is the large tract on the right of the screen.
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View East
Oblique view looking south toward N Kimball and the City of Grapevine. The Army Corps property is the large tract on the bottom left of the screen.
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View West
Oblique view looking west toward across he Army Corps property, which is the large tract on the top right of the screen.
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Looking North from Kimball
All of the trees from the edge of the photo to the driveway are on the property. The proposed second driveway would be in the center of this picture.
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Looking South (Existing Driveway)
The applicant has included an option which would retain only the existing curb cut.
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Existing Site
The property is 3.106 acres. The existing 2,500 square foot house was constructed in 1983 along with the existing accessory building. Both existing buildings would be removed as part
of the proposed plan. The single drive from Kimball splits, with one fork looping in front of the house and the other going down to the back of the house and the out building.
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Concept Plan with Dual Driveways
The two proposed lots contain a minimum of one net acre (Lot 1 is 1.636 gross acres, 1.133 net acres; Lot 2 is 1.392 gross acres, 1.001 net acres). Separate aerobic systems are proposed
for each lot in the approximate locations shown. The yellow area is an estimation of the buildable area (approx 8,100 sf for each lot). This area does not show house footprints, rather
it is a proposed clear area on which construction may occur, including houses, accessory buildings, pools, and other manmade improvements.
Per Texas Administrative Code Ch. 285, properties
proposing on-site sanitary sewer facilities, 1 net acre of land is required on each lot which is suitable for construction of buildings and septic facilities. This 1 net acre excludes
areas:
- In any flood plains as identified on the FEMA Flood Insurance Rate Map;
- In any drainage and flowage easements; and
- Having topographical limitations as regulated under
the standards for on-site sewage facilities in the Texas Administrative Code Chapter 285.
The configuration of the lots to meet this requirement has resulted in a side lot line which
is not perpendicular to N Kimball as required in the Subdivision Ordinance No. 483. The applicant has requested a variance to allow the lot lines as shown..
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Concept Plan with Shared Driveway
B
Build Area
OSSF (septic)
Flowage Esmt
The two proposed lots contain a minimum of one net acre (Lot 1 is 1.636 gross acres, 1.133 net acres; Lot 2 is 1.392 gross acres, 1.001 net acres). Separate aerobic systems are proposed
for each lot in the approximate locations shown. The yellow boxes are an estimation of the buildable area (approx 8,100 sf for each lot). This area does not show house footprints, rather
it is a proposed clear area on which construction may occur, including houses, accessory buildings, pools, and other manmade improvements.
Per Texas Administrative Code Ch. 285, properties
proposing on-site sanitary sewer facilities, 1 net acre of land is required on each lot which is suitable for construction of buildings and septic facilities. This 1 net acre excludes
areas:
- In any flood plains as identified on the FEMA Flood Insurance Rate Map;
- In any drainage and flowage easements; and
- Having topographical limitations as regulated under
the standards for on-site sewage facilities in the Texas Administrative Code Chapter 285.
The configuration of the lots to meet this requirement has resulted in a side lot line which
is not perpendicular to N Kimball as required in the Subdivision Ordinance No. 483. The applicant has requested a variance to allow the lot lines as shown.
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Tree Conservation Plan
The applicant has supplied a Tree Conservation Analysis based on an alternative to tree survey. The analysis shows that approximately 89% of the site is covered by tree canopy. Tree
Preservation Ordinance no. 585-D requires that 30% of the coverage be preserved. With the buildable areas highlighted in red, the applicant is showing 80% tree preservation at build-out.
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Variance Request
The requested variance is to allow the lot line dividing Lots 1 and 2 to jog in the center. This is necessary in order for each lot to have the required 1 net acre for septic.
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November 17, 2016; The Planning Commission voted 4-0 to recommend approval, specifically granting the variance related to side lot lines and noting the applicant’s willingness to potentially
consider some level of mitigation to impervious coverage in terms of sustainable materials.
PZ Action
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December 6, 2016; Approved on consent
City Council 1st Reading Action
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Questions?
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Sec. 9.01 Modifications and Variations:
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.
Criteria for Variance to Subdivision Ordinance (1 of 2)
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Sec. 9.01 Modifications and Variations:
This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed.
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.
Criteria for Variance to Subdivision Ordinance (2 of 2)
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