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
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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