Item 6 - ZA17-003 PS Lots 52-53, F. Throop No. 1511Case No.
ZA17-003
S T A F F R E P O R T
January 13, 2016
CASE NO: ZA17-103
PROJECT: Plat Showing for Lots 52 & 53, F. Throop No. 1511 Addition
EXECUTIVE
SUMMARY: G&A Consultants, on behalf of Phillip Kushner, is requesting approval of a multiple-lot
Plat Showing for Lots 52 & 53, F. Throop No. 1511 Addition, being Tracts 1GG and
1C1B, in the F. Throop Survey Abstract No. 1511, City of Southlake, Tarrant County,
Texas, and City of Southlake, Tarrant County, Texas, and addressed as 2500 and
2510 N. Kimball Avenue, Southlake, Texas. SPIN #4.
REQUEST: The project is generally located on the west side of N. Kimball Ave. approximately
2,300 feet north of E. Dove Road. The purpose of this item is to create 2 platted lots
out of two existing tracts totaling 3.090 acres. Each of the proposed lots has frontage
onto N. Kimball Ave. A portion of each of the proposed lots is located within the Army
Corps of Engineers 572 contour flowage easement. Because there is no City sewer
available at the property, the applicant proposes separate On-Site Sanitary Sewer
Facilities (OSSF) on each lot. The lots have been designed to provide 1 net acre of
land for each lot, exclusive of the flowage easement and all other drainage
easements, as required by State regulations and the City’s Zoning Ordinance. This
case is presented contingent upon approval of a Zoning and Concept Plan for
“Kushner Addition” (ZA16-092).
Plat Data Summary
SF-1A Zoning Lot 52 Lot 53
Zoning “SF-1A” (Tract 1GG)
“AG” (Tract 1C1B) SF-1A SF-1A
Land Use
Designation
Medium Density
Residential (existing)
Medium Density
Residential
Medium Density
Residential
Lot Size
(gross) 1 acre minimum 1.624 acres 1.394 acres
Lot Size
(net)
1 net acre required if
served by OSSF* 1.126 acres 1.000 acres
Front Yard
Setback 40’ minimum 40’ 40’
* Denotes areas suitable for construction of buildings and septic facilities, which excludes areas in
floodplain, flowage or drainage easements, or topographical limitations per TAC Ch. 285.
Department of Planning & Development Services
Case No.
ZA17-003
ACTION NEEDED: 1. Consider Approval of Plat Showing
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Review Summary No. 1, dated January 13, 2017
Link to PowerPoint Presentation
Link to Plat and Supporting Information
Page 1 - Plat Showing
Page 2 - Tree Conservation Plan
STAFF CONTACT: Dennis Killough (817) 748-8072
David Jones (817) 748-8070
Case No. Attachment A
ZA17-003 Page 1
BACKGROUND INFORMATION
OWNER: David Meers III
APPLICANT: G&A Consultants on behalf of Phillip Kushner
PROPERTY SITUATION: Generally located 2,300 feet north of the intersection of N Kimball Avenue and
E Dove Road and addressed as 2500 & 2510 N Kimball Avenue.
LEGAL DESCRIPTION: Tracts 1GG and 1C1B, F. Throop Survey, No. 1511, City of Southlake, Tarrant
County, Texas, approximately 3.106 acres.
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single-Family Residential District
PROPOSED ZONING: “SF-1A” Single-Family Residential District
HISTORY: - The property was annexed into the Town of Southlake in 1957 as “AG”
(Ord. No. 082).
- A permit was issued in December 1983 to construct a 2,500 square foot
single-family residence on the property.
- A permit was issued in December 1983 to construct a 1,450 square foot
accessory building on the property.
- A permit was issued in April 1984 to construct a septic system on the
property.
- "SF-1A" Single-Family Residential District zoning was placed on Tract
1GG with approval of Zoning Ordinance No. 480 in September 1989.
- January 17, 2017; City Council will consider 2nd reading approval of a
Zoning Change and Concept Pl an for Kushner Addition on property
described as Tracts 1GG and 1C1B, F. Throop Survey, No. 1511, City of
Southlake, Tarrant County, Texas and located at 2500 and 2510 N. Kimball
Avenue from “AG” Agriculture district and “SF-1A” Single-Family Residential
district to “SF-1A” Single-Family Residential district.
SOUTHLAKE 2030 PLAN: Future Land Use Plan
The 2030 future land use designation
for the site is Medium Density
Residential and Floodplain which are
defined in Southlake 2030:
MEDIUM DENSITY
RESIDENTIAL
Purpose: The purpose of the
Medium Density Residential land
use category (shown in orange on
the adjacent map) is to promote a
Case No. Attachment A
ZA17-003 Page 2
neighborhood setting primarily comprised of single family detached
houses.
Definition: The Medium Density Residential category is suitable for any
single-family detached residential development. Other suitable activities
are those permitted in the Public Parks/Open Space and Public/Semi -
Public categories previously discussed.
FLOODPLAIN
Purpose and Definition: The Floodplain category (green on the page 3
map) illustrates areas designated by the August 1995 Federal Emergency
Management Agency (FEMA) maps as being in the 100 -year floodplain.
The “floodplain” is an expanse of natural vegetation and wildlife, and
should be preserved as natural open area. Within the floodplain is
“floodway” that must be kept free of encroachment in order that the 100 -
year flood may be carried without harmful increases in the height of flood
waters. Although it is not to be encouraged, the port ion of the floodplain
not in the floodway may be reclaimed for development under certain
circumstances if in accordance with FEMA regulations. The designated
land use for areas of reclaimed floodplain is that of the immediately
adjacent land use category. This designation may also include
environmentally sensitive areas, habitats, or wetlands that may not be in
FEMA identified floodplains.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a future <8 foot sidewalk along N. Kimball
Ave. A minimum 4’ wide sidewalk is required per the Subdivision Ordinance.
There is currently no sidewalk along the west side of Kimball Ave north of
Dove Rd. The Concept Plan shows a 5’ pedestrian access easement along
the frontage of the property. Construction of the sidewalk is required prior to
certificate of occupancy.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
Both proposed lots have direct access to N Kimball Ave., a C2U collector with
a minimum 70’ of right of way. The applicant has sho wn a 14.5 foot right of
way dedication along the N. Kimball Ave. frontage.
TREE PRESERVATION: The applicant has submitted an alternative to a tree survey along with a Tree
Conservation Analysis in conformance to Section 7.3.a and Appendix A of the
Tree Preservation Ordinance which shows approximately 89% existing tree
cover on the site. Tree Preservation Ordinance 585-D requires that 30% of the
existing canopy be preserved. The proposed Tree Conservation Analysis
shows preservation of approximately 80.8% of existing tree canopy cover.
The City Council shall consider the application for a Conservation Analysis or
Plan in conjunction with the corresponding development application.
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:
Case No. Attachment A
ZA17-003 Page 3
i. 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 Ordinance.
UTILITIES: Water
An existing 8” water line along N. Kimball Avenue serves this property.
Sewer
There is currently no public sewer available at the property. The existing house
is served by an On-Site Sewage Facility (OSSF). The applicant is proposing to
serve both lots with individual OSSFs. The installation and use of OSSFs is
governed by Section 33.14 of the Zoning Ordinance:
If the permitted use is not to be immediately served by a sewage
collection system connected to an approved community treatment
plant or public sewage facility, then such use shall be connected to an
approved on-site sewage facility (OSSF) designed and constructed in
conformance with the methods and standards approved by the State
Department of Health, City’s Plumbing Code, and Ordinance No. 514.
Where the use of an OSSF is to be employed, the minimum lot size
must be one acre per family, residence or commercial structure, with a
minimum usable area of at least one acre, and the use must be
approved by the City Council of the City of Southlake. The minimum
usable area requirement of one (1) acre per lot shall exclude all areas
of the lot:
a. In any flood plains as identified on the FEMA Flood Insura nce
Rate Map;
b. In any drainage and flowage easements; and
c. Having topographical limitations as regulated under the
standards for on-site sewage facilities in the Texas
Administrative Code Chapter 285.
The lot divisions shown in the Concept Plan and Plat Sho wing appear to
conform to requirements a, b, and c listed above by providing a minimum of
one acre not encumbered by FEMA flood plain areas, drainage easements or
topographical limitations as defined in the Texas Administrative Code. An
assessment of the p roperty was performed by a licensed engineer on
November 16th which determined each site was suitable for an OSSF.
Link to OSSF Assessment
Case No. Attachment A
ZA17-003 Page 4
CITIZEN INPUT: To date, no SPIN meeting has been held for this item.
STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated January 13, 2017
This plat has been developed in conformance with the proposed
Zoning and Concept Plan (ZA16-092), to be considered for final
approval by City Council on January 17, 2017. If the Concept Plan is
approved with modifications or denied by City Council, the proposed
Plat Showing must be revised to conform to Council stipulations and
also to conform with the zoning and Concept Plan which is approved
by Council or with the underlying zoning which is in place (in the case
of denial.)
A variance is requested with the Zoning and Concept Plan submittal
to Section 8.01D of the Subdivision Ordinance No. 483, as amended,
which requires all side lot lines to be perpendicular to the right of
lines. If this variance is approved by City Council, the proposed Plat
Showing as presented herein will be considered compliant with the
Concept Plan and require no variance from Planning and Zoning
Commission or City Council to approve the lot lines as shown on the
proposed plat.
Case No. Attachment B
ZA17-003 Page 1
Case No. Attachment C
ZA17-003 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA17-003 Review No.: One Date of Review: 01/13/17
Project Name: Lots 52 & 53, F. Throop No. 1511 Addition
APPLICANT: W. Thad Murley III OWNER: Phillip Kushner
G&A Consultants, LLC
111 Hillside Drive P.O. Box 60056
Lewisville, Texas 75057 Dallas, Texas 75360
Phone: (972) 436-9712 Phone: (214) 991-1905
Email: thad@gacon.com Email: dalpict@yahoo.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
01/03/17 AND OFFERS 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 C LARIFICATION, PLEASE CONTACT THE
APPROPRIATE STAFF MEMBER.
Planning Review
David Jones, AICP
Principal Planner
Phone: (817) 748-8070
Email: djones@ci.southlake.tx.us
1. All lots must comply with the underlying zoning district regulations. As proposed, approval of this
plat is subject to receiving approval of an appropriate change of zoning. City Council will consider
a request for rezoning to “SF-1A” Single-Family Residential district and a Concept Plan (ZA16 -
092) for this property at its January 17, 2017 meeting. If the re zoning request is approved or
approved with conditions, the Plat Showing must comply with the approved Concept Plan as well
as the SF-1A zoning district.
2. Per Section 8.01D of Subdivision Ord inance No. 483, as amended, all side lot lines shall be
perpendicular to the right of way. A variance must be granted by City Council under the provisions
of Section 9.01 in order for the lots to be developed as shown. VARIANCE REQUESTED WITH
CONCEPT PLAN (ZA16-092)
3. Use Standard Approval Block for Plat Showing as found in Appendix 9 of the Subdivision Ordinance
as shown below:
Case No. Attachment C
ZA17-003 Page 2
4. Amend Surveyor’s Certification to conform to the language in Appendix 5 of the Subdivision
Ordinance as shown below:
5. Amend Title Block to conform to the format in Appendix 6 of the Subdivision Ordinance as shown
below.
6. Place case number “ZA17-003” in the lower right hand corner of the plat for ease of reference.
7. Please remove all reference to the Block designation on the plat and ancillary documents.
Case No. Attachment C
ZA17-003 Page 3
8. Include name of record owner and corresponding deed record volume and page for all adjacent
unplatted tracts within 200 feet, to include owners across any adjacent ROW.
9. If lots within 200 feet (including across ROW) are platted, show all adjacent platted prop erty within
200 feet in dashed lines, labeling lot and block numbers, subdivision name, streets names and
plat record reference.
10. Show location of City Limit Lines.
11. Show all existing easements on or adjacent to this tract labeled as to type and size with dimension
ties to property corners and centerline or boundary dimensions and bearings. Provide a 10’
Draining and Utility Easement along the west dedicated boundary of Kimball Ave.
12. Although easements are required along the perimeter of the subdivision boundary Per Section
3.03D.22 of the Subdivision Ordinance, staff recommends that Utility Easements be provided only
where needed for the extension of utilities along lot boundaries.
13. Dimension existing Kimball Ave. right of way.
14. Per “SF-1A” zoning, show 40’ front building setback lines for each lot parallel to Kimball Ave. right
of way.
15. Show and label flood plain limit and flood way limit with dimensional ties to all lot corners.
16. Add the following note on the face of the plat:
Elevation 572 is the boundary of the flowage easement as outlined by the U.S. Army
Corps of Engineers. Any encroachments into this easement must obtain written
approval from the Reservoir Manager at the following address:
Grapevine Lake Project Office
U.S. Army Corps of Engineers
Rt. 1, Box 10
Grapevine, Texas 76051
* The existing house and accessory structure as well as the encroachment on south line of the
property shall be removed prior to filing of this plat.
* Per Section 8.05.A.1, regarding utility lines in new plats or subdivisions, all newly inst alled electric
utility lines and wires that will be operated at nominal voltages, all telephone utility lines and wires,
all cable television and other communication or utility lines and wires, and all terminals shall be
installed, placed and constructed underground; and cable television, telephone, and electric
transformer and primary switching gear may be pad mounted or placed underground.
* Per Section 8.05.A.F, all above ground equipment shall be screened from public view, in such a
manner that the ground equipment cannot be seen from a public right -of-way. Said screening
shall be completed at the time of installation by the utility company and/or developer.
* Please be aware that all existing trees shown to be preserved on the City Council approved Tr ee
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
Case No. Attachment C
ZA17-003 Page 4
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.
* Upon connection to new On-Site Sanitary Sewer Facility or public sanitary sewer, existing septic
system must be remediated in accordance with Tarrant County Health Department requi rements.
Ensure system does not encroach the proposed Lot boundary. For questions regarding remediation,
contact the Environmental Health Division of Tarrant County Health Department at 817 -321-4960.
Landscape Review Comments
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. A Tree Conservation Plan in the form of a Tree Conservation Analysis was submitted with the Plat
Showing. A Tree Conservation/Protection Plan that conforms with the submitted Tree Conservation
Plan will be required to be submitted when a Building Permit is sought to start construction on the
either of the lots.
* The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation
Requirements outlined in the Tree Preservation Ordinance. There is 89% of existing tree cover on
both lots and at least 30% of that existing tree cover is required to be preserved. For the proposed
improvements 19.2% of the existing tree cover is proposed to be removed an d 80.8% is proposed
to 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 t ree 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 preser ved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
Case No. Attachment C
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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.
Public Works Review Comments
Om Chhetri, P.E.
Civil Engineer
(817) 748-8101
ochhetri@ci.southlake.tx.us
GENERAL COMMENTS:
* 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.
* Discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance No. 605.
*=Denotes informational comment.
____________________________________________________________________________________
Fire Department Review Comments
Kelly Clements
Fire Marshal
(817) 748-8233
kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
================= The following are informational comments only ====================
Case No. Attachment C
ZA17-003 Page 6
* All plats filed must have an original signed and stamped Tax Certificate submitted with it from each
taxing unit with jurisdiction of the real property, indicating that no delinquent tax es are owed and that
taxes for the current year have been paid. After September 1st, a certificate showing that the taxes for
that year are paid, but that the taxes for the upcoming year have yet to be calculated is required.
(House Bills 1563 & 3101). 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 is a service charge of $10 per account for this certificate. For mo re information
contact the Assessor/Collector’s office at 817-212-6847.
* For Tarrant County filing, original signatures and seals will be required on one blackline mylar and
one blackline paper copy prior to filing the plat. The mylar and paper copies will not be accepted if
any erasures or original ink, other than signatures or seals, appear on the plat.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Denotes Informational Comment