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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 ZA17-003 Page 5 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