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Item 4O 13 CIT" OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT February 1, 2017 CASE NO: ZA17-003 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 1 GG and 1 C1 B, 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. The plat as presented conforms to the approved Concept Plan for "Kushner Addition" (ZA16-092). Plat Data Summary SF-1A Zoning Lot 52 Lot 53 Zoning "SF-1A" (Tract 1GG) "AG" (Tract 1 C1 B) Land Use Medium Density - • - - • - Designation Residential (existing) - Lot Size 1 acre minimum (gross) Lot Size 1 net acre required if off (net) served by OSSF* Front Yard 40' minimum i Setback * 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. Case No. ZA 17-003 ACTION NEEDED: 1. Consider Approval of Plat Showing ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 2, dated February 1, 2017 Link to PowerPoint Presentation Link to Plat and Supporting Information Page 1 - Plat Showing Page 2 - Approved Concept Plan Page 3 - Tree Conservation Plan STAFF CONTACT: Ken Baker (817) 748-8067 David Jones (817) 748-8070 Case No. ZA 17-003 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 1 GG and 1 C1 B, 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 voted 6-0 in favor of 2nd reading approval of a Zoning Change and Concept Plan for Kushner Addition on property described as Tracts 1 GG and 1 C1 B, 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-1 A" Single-Family Residential district to "SF-1 A" 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: Tract Tract 1GG MEDIUM DENSITY 1c1s RESIDENTIAL Case No. ZA 17-003 Purpose: The purpose of the Medium Density Residential land use category (shown in orange on the adjacent map) is to promote a 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 portion 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 shown 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 Case No. Attachment A ZA17-003 Page 2 Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: 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 Insurance 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 Showing 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 Case No. Attachment A ZA17-003 Page 3 assessment of the property was performed by a licensed engineer on November 16th which determined each site was suitable for an OSSF. Assessment CITIZEN INPUT: To date, no SPIN meeting has been held for this item. PLANNING AND ZONING COMMISSION ACTION: January 19, 2017; The Planning and Zoning Commission voted 6-0 to recommend approval as presented subject to the Staff Report dated January 13, 2017 and the Plat Review Summary No. 1 dated January 13, 2017. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated February 1, 2017 This plat has been developed in conformance with the Zoning and Concept Plan (ZA16-092) approved by City Council on January 17, 2017. A variance was approved with the Zoning and Concept Plan to Section 8.01 D of the Subdivision Ordinance No. 483, as amended, which requires all side lot lines to be perpendicular to the right of lines. Because this variance was 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 A ZA17-003 Page 4 Vicinity Map 2500 & 2510 N. Kimball Avenue 0 N 1656 1657 1767 1703 m ry v N D Ln 0 0 N ti 0 N 117 � O O � N N W 0 N ZD o LLJ CO In p Q ^1 r J ao a Q N � �Y 0 V fn C W v a O n m mLLca cn N N �2 117 0 0 ? W O W r W IT r �`g0� A 1D n •- o r N � 6 � o 07 � � n m zA17-003 Plat Showing �J n ii'�11 L•,` .�J it 9 _. '� [• ��' �� 0 315 630 1,260 s Feet Case No. Attachment B ZA17-003 Page 1 PLAT REVIEW SUMMARY Case No.: ZA17-003 Review No.: Two Date of Review: 02/01/17 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: thada-gacon.com Email: dalpicta-vahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/24/17 AND OFFERS THE FOLLOWING STIPULATIONS.THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BYTHE 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: dionesa-ci.southlake.tx.us 1. Per Section 8.01D of Subdivision Ordinance 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 GRANTED WITH APPROVAL OF CONCEPT PLAN (ZA16-092) ON JANUARY 17, 2017 2. 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. 3. Dimension existing Kimball Ave. right of way. The existing house as well as the encroachment on the 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 installed 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. Case No. Attachment C ZA17-003 Page 1 * 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 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. * 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 requirements. 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 kmartina-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 and 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 tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* 0% -20% 70% 20.1 —40% 60% 40.1% - 60% 50% 160.1% - 80% 40% 180.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public Case No. Attachment C ZA17-003 Page 2 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 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 ochhetria-ci.south Iake.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 kclementsa-ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA17-003 Page 3 The following are informational comments only 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 taxes are owed and that taxes for the current year have been paid. After September 1 st,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 more 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 Case No. Attachment C ZA17-003 Page 4