Item 9A
Case No.
ZA18-0002
S T A F F R E P O R T
May 8, 2018
CASE NO: ZA18-0002
PROJECT: Plat Revision for Lots 15R1 and 15R2, Block 4 Diamond Circle Estates
EXECUTIVE
SUMMARY: Frank Stockton is requesting approval of a Plat Revision for Lots 15R1 and 15R2,
Block 4, Diamond Circle Estates on property described as Lot 15R, Diamond Circle
Estates, an addition to the City of Southlake, Tarrant County, Texas and located at
916 Emerald Blvd., Southlake, Texas and located at 916 Emerald Blvd., Southlake,
Texas. SPIN Neighborhood #7
REQUEST
DETAILS: Diamond Circle Estates is generally located northeast of the intersection of N. White
Chapel Blvd. and E. Southlake Blvd.
The purpose of this request is to divide an existing 2.025 acre platted residential lot
into two 1 acre residential lots. There is an existing house on the property. Existing
structures on the property are to be removed.
VARIANCE
REQUEST: Per Subdivision Ordinance No. 483 , as amended, Section 5.06.C.1 “Sidewalks”, a
residential subdivision requires a minimum 5-foot sidewalk along the frontage of each
lot at the time of construction of each house. There are currently no sidewalks within
the Diamond Circle Estates subdivision. The applicant has requested a variance to
this requirement.
Due to a variance being requested and protests having been filed by more than 20%
(24% filed) of the surrounding property area within 200 feet in the original subdivis ion,
Local Government Code, Chapter 212, Section 212.015 requires that the affirmative
vote of at least three-fourths of the members of the City Council present is needed in
order to be approve the plat revision.
ACTION NEEDED: 1) Consider approval of a Plat Revision
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Review Summary No. 2, dated April 27, 2018
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
Full Size Plans (for Commission and Council members on ly)
PowerPoint Presentation
Narrative
Department of Planning & Development Services
Case No.
ZA18-0002
Plat Revision
STAFF CONTACT: Ken Baker (817)748-8067
Patty Moos (817)748-8269
Case No. Attachment A
ZA18-0002 Page 1
BACKGROUND INFORMATION
APPLICANT/OWNER: Frank Stockton
PROPERTY ADDRESS: 916 Emerald Blvd.
PROPERTY
DESCRIPTION: Lot 15R, Block 4, Diamond Circle Estates
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
HISTORY: August 8, 1984; City Council approved a final plat for Diamond Circle Estates
(A-3 zoning) (ZA84-030)
September 1989: Zoning on the property was placed by the City with approval
of Zoning Ordinance No. 480.
October 21, 1986, City Council approved a replat to combine lots 15 and 16
into one 2 acre lot.
WATER & SEWER: The lot is served by an existing 6-inch sewer line and existing 6-inch water line
along Emerald Blvd.
TREE PRESERVATION: A tree conservation plan will be required prior to issuing of a building permit for
both lots.
SPIN: A SPIN meeting was not scheduled for this development.
PLANNING AND
ZONING COMMMISSION: May 3, 2018; Approved (4-0) the variance request pertaining to Section 33.19
“Sidewalk Requirements” be granted; and further subject to the Plat Review
Summary #2 dated April 27, 2018 and the Staff Report dated April 27, 2 018.
STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated April 27, 2018.
Texas Local Government Code Section 212.015, Additional Requirements for
Certain Replats, Subsection (c):
If the proposed replat requires a variance and is protested in accordance with
this subsection, the proposed replat must receive, in order to be approved, the
affirmative vote of at least three -fourths of the members present of the
municipal planning commission or governing body, or both. For a legal
protest, written instruments signed by the owners of at least 20 percent of the
area of the lots or land immediately adjoining the area covered by the
proposed replat and extending 200 feet from that area, but within the original
subdivision, must be filed within the municipal planning commission or
governing body, or both, prior to the close of the public hearing.
Legal notification letters were sent to all property owners within the platted
subdivision as well as within 200 feet of the case parcel. The proposed plat
Case No. Attachment A
ZA18-0002 Page 2
revision resulted in 13 letters sent. At the time of this writing, two of the
property owners within the 200 foot buffer have filed opposition which has
resulted in 24% opposed. Since the proposed plat revision does include a
variance request, and the property meets the Texas Code criteria as
described, the additional requirement for approval is applied.
Case No. Attachment B
ZA18-0002 Page 1
Case No. Attachment C
ZA18-0002 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA18-0002 Review No.: Two Date of Review: 4/27/2018
Project Name: Plat Revision for Lot 15R, Block 4, Diamond Oaks Est ates
APPLICANT: Frank Stockton OWNER: Frank Stockton
Eddie Rodriquez (surveyor) 916 Emerald Blvd.
Windrose Land Services Southlake, TX 76092
Phone: 970-370-5834 Phone: 214-263-6629
Email: eddie.rodriquez@windroseservices.com Email: fastockton@gmail.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4-16-18 AND WE OFFER 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 CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF
MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
1. A tree conservation plan will be required prior to issuing of a building permit for both lots.
2. Both lots will require 5-foot sidewalks to be constructed with the new construction. Variance
Requested
Per the Subdivision Ordinance No. 483 , as amended, Section 5.06.C.1 “Sidewalk Size and
Locations”:
C.1 SIDEWALK SIZE AND LOCATION
Sidewalk Size and Locations: All sidewalks shall be at least five feet wide or in conformance with the
Trail System Master Plan, whichever is greater, and shall be located between the curb or grade line of
the public street and the ROW line or public access easement if approved by the city, no closer than
two (2) feet to the curb or grade line. The City Engineer or Building Official may alter alignment so
that the sidewalk meanders within the area between the curb and right-of-way line.
Landscape/Tree Conservation Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. The applicant is proposing no improvements or development to the properties at this time. At the time
Case No. Attachment C
ZA18-0002 Page 2
a Building Permit is sought the proposed construction will be required to comply with the regulations
of the Tree Preservation Ordinance Tree Conservation Plan submittal and Canopy Cover
Preservation Requirements.
Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Tree Survey or alternative to a tree survey
iii. 2-foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and type
v. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
viii. Identification of areas of environmental constraints not suitable for development
ix. Identification of areas of minimal environmental con straints that are suitable for
development
x. Areas of encroachment into Critical Environmental Features identified on the site
xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the
proposed development is constructed, altered due to proposed improvements, or could
potentially be saved based upon site specific conditions
xii. Stream/Creek buffers, if any
xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be
required to be shown only at the site plan stage for all development. Preliminary plats
shall, however, show building setbacks and general location of buildings and
infrastructure.)
xiv. Setbacks, building lines, and buffer yards
xv. The names, addresses and telephone numbers of those persons or entit ies who own the
property and those persons or entities filing the application
xvi. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property.
* 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
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
Case No. Attachment C
ZA18-0002 Page 3
rights-of-way as approved by City Council.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E.
Deputy City Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
No comments
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
============= The following should be informational comments only ====================
* All plats filed must have an original signed and stamped Tax Certificate submi tted 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 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 (acr oss 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.
* Please submit a revised pdf "check print" prior to submitting the blackl ine mylar and paper copy with
original signatures.
* 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 i nk,
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 D
ZA18-0002 Page 1
Surrounding Property Owners
SPO # Owner Zoning Address Acreage Response
1. WILLIAMS, LINDA F SF1-A 912 EMERALD BLVD 0.99 O
2. STOCKTON, FRANK A SF1-A 916 EMERALD BLVD 2.05 F
3. KERBOW, GARY SF1-A 918 EMERALD BLVD 1.02 F
4. SEABAUGH, PAULA SF1-A 920 EMERALD BLVD 1.02 NR
5. THORP, DARIN SF1-A 909 EMERALD BLVD 1.02 NR
6. HAUSER, JEFF SF1-A 911 EMERALD BLVD 1.05 O
7. MABRY, JAY H SF1-A 913 EMERALD BLVD 1.01 NR
8. HUMISTON, PATRICIA SF1-A 907 EMERALD BLVD 1.05 NR
9. SPINOZZI, MICHAEL SF1-A 915 EMERALD BLVD 0.99 NR
10. Superintendent of Carroll ISD NR
11. Supt. of Grapevine Colleyville ISD NR
12. Superintendent of Northwest ISD NR
13. Superintendent of Keller ISD NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirteen (13)
Responses Received: In Favor: 2 Opposed to: 2 Undecided: 0 No Response: 9
Case No. Attachment E
ZA18-0002 Page 1
Surrounding Property Owner Responses
Case No. Attachment E
ZA18-0002 Page 2
Case No. Attachment E
ZA18-0002 Page 3
Case No. Attachment E
ZA18-0002 Page 4
Case No. Attachment E
ZA18-0002 Page 5
Case No. Attachment E
ZA18-0002 Page 6
Case No. Attachment E
ZA18-0002 Page 7