Item 10Case No.
ZA19-0014
S T A F F R E P O R T
March 29, 2019
CASE NO: ZA19-0014
PROJECT: Plat Revision for Lots 1R1R1, 1R1R2 and 1R1R3, Block A, Milner Addition
EXECUTIVE
SUMMARY: Milner Limited Partnership is requesting approval of a Plat Revision for Lots
1R1R1, 1R1R2 and 1R1R3, Block A, Milner Addition on property described as Lot
2, W.W. Hall No. 687 Addition, an addition to the City of Southlake, Tarrant County,
Texas and Lot 1R1, Block A, Milner Addition, an addition to the City of Southlake,
Tarrant County, Texas and located at 555 and 651 E. Highland St., Southlake,
Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “SF-1A” Single
Family Residential District and “AG” Agricultural District. SPIN Neighborhood #7.
DETAILS: This project is located on the south side of E. Highland St. between N. White
Chapel Blvd. and the E. S.H. 114 frontage road just south of the Methodist
Southlake Hospital.
The purpose of this request is to seek approval of a Plat Revision in association
with a Zoning Change and Concept Plan (ZA19-0013) from “AG” Agricultural
District to “SF-1A” Single Family Residential District to create separate one acre
residential lots for the two existing homes on the property. The remainder of Lot 2,
W.W. Hall Addition is being combined with Lot 1R1R1, Block A, Milner Addition
because it would not meet the minimum lot area requirement of 10 acres in the
“AG” Agricultural District once the two one acre lots are platted separately.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider approval of a Plat Revision
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Review Summary No. 2, dated March 28, 2019
(D) Surrounding Property Owners Map and Responses
Half Size Plans (for Commission and Council members only)
PowerPoint Presentation
Plat Revision
SPIN meeting Report dated March 26, 2019
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA19-0014 Page 1
BACKGROUND INFORMATION
OWNER/
APPLICANT: Milner Limited Partnership
PROPERTY SITUATION: 555 and 651 E. Highland St. on the south side of E. Highland St. between
N. White Chapel Blvd. and the E. S.H. 114 frontage road just south of the
Methodist Southlake Hospital.
LEGAL DESCRIPTION: Lot 2, W.W. Hall No. 687 Addition and Lot 1R1, Block A, Milner Addition
LAND USE CATEGORY: Medium Density Residential, 100-Year Floodplain and Mixed Use
CURRENT ZONING: “AG” – Agricultural District
PROPOSED ZONING: “SF-1A” Single Family Residential District and “AG” – Agricultural District
HISTORY: HISTORY: - The property was annexed into the City in 1957.
- A Plat Showing (ZA98-148) for Lot 2, W.W. Hall No. 687 Addition was
filed on February 5, 1999.
- A Final Plat (ZA88-037) for Milner Addition was approved December 20,
1988 and filed June 9, 1989.
- A Plat Revision (ZA02-023) for Lots 1R1 and 1R2, Block A, Milner
Addition was approved April 16, 2002 and filed November 26, 2002.
- The western home on the property was constructed in 1999 as the
principal residence and the eastern home was constructed in 2007 as a
supplemental single family detached dwelling used exclusively for the
housing of full-time employees employed on the premises for the express
purpose of managing or operating the agricultural use or uses of the owner
residing on the same tract of land per the Agricultural Zoning District
(Source: Building Permit and Tarrant Appraisal District).
SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is Medium Density
Residential and 100-Year Floodplain.
Medium Density Residential Land Use Category
The purpose of the Medium Density Residential land use category is to
promote a neighborhood setting primarily comprised of single family
detached houses. 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.
Floodplain
The Floodplain category illustrates areas designated by the August 1995
Federal Emergency Management Agency (FEMA) maps as being in the
Case No. Attachment A
ZA19-0014 Page 2
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 b e in
FEMA identified floodplains.
The 2035 SH 114 Corridor Plan contains the following recommendations
for the 124 acre Milner property:
• Retain the existing Medium-
Density Residential and Mixed Use
designations and add the Mixed
Medical and Office Overlay to the
north portion of the site
corresponding to the underlying
Mixed Use designation.
• Office development should be
limited to building size and scale
which is compatible with adjacent
single-family residential and preserves the maximum amount of
green space on the site. Buffer should be established between
existing and future residential uses and planned office uses. Any
commercial component should be developed holistically with
neighboring commercial properties to the east, including the
considerations shared parking and the alignment of access drives
along S.H. 114 to improve parking and access to the existing
commercial site at the corner of 114 and Carroll.
• Future development should be approved in a manner that is
sensitive to potential impacts o n adjacent residential areas,
particularly as related to noise, traffic, building heights, lighting and
views.
• Culinary or Specialty Retail may be appropriate on the eastern side
of the property provided it is designed in a manner that is respectful
to existing site features and the adjacent residential neighborhood.
• Development of the Medium Density Residential portion of the
property should evaluate connectivity to Lakewood Acres to allow
this neighborhood direct access to the S.H. 114 frontage road.
• Any development should be walkable and pedestrian friendly.
• Embrace and leverage topography and natural features to create a
signature development on this site. Avoid mass grading of site or
alteration of existing stream.
Case No. Attachment A
ZA19-0014 Page 3
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan shows E. Highland St. as a three -lane
undivided arterial with 70’ of right of way.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a <8’ sidewalk along E. Highland St. and
≥8” multi-use trails through Lots 1R and 2, Block A, Milner Addition.
Construction of a 5’ sidewalk along E. Highland St. will be required with
future construction of new homes on the proposed Lots 1R1R2 and 1R1R3,
Block A, Milner Addition.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
There is one existing residential driveway for the proposed western lot and
one existing circular driveway for the proposed eastern lot that will remain.
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development. No
new development is proposed.
TREE PRESERVATION: All future development must comply with Tree Preservation Ordinance No.
585-E.
UTILITIES: The existing homes are served by an existing 12’ water line in E. Highland
St. and a 10” sewer line in that runs across the property.
DRAINAGE: Drainage on the property is currently sheet flow from northwest to
southeast across the property to an existing Floodway and Drainage
easement.
CITIZEN INPUT: A SPIN meeting was held for this project on March 26, 2018. Please see
the report attached separately.
STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated March 28, 2019.
Case No. Attachment B
ZA19-0014 Page 1
Case No. Attachment C
ZA19-0014 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA19-0014 Review No.: Two Date of Review: 03/28/19
Project Name: Plat Revision – Lots 1R1R1, 1R1R2 and 1R1R3, Block A, Milner Addition
APPLICANT: Joey Milner SURVEYOR: Douglas A. McCoy R.P.L.S.
Milner Limited Partnership MCCoy Land Surveys
651 E. Highland St. 9321 Athens Dr.
Southlake, TX 76092 Argyle, TX 76226
Phone: (817) 999-6750 Phone:
E-mail: joey@casamilner.com E-mail:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
03/19/19 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 RICHARD SCHELL AT (817) 748-8602.
* The Plat Revision must comply with the underlying zoning. A Zoning Change and Concept Plan for
a portion of the plat is being processed as Case No. ZA19 -0013.
1. Place the City case number ZA19-0014" in the lower right-hand corner of the plat.
2. Provide a written scale under the graphic scale (1” = 100’).
3. Please revise the plat to blackline with no color.
4. In the lot detail, remove the side and rear building lines and leave only the 40’ front building line.
5. The following changes are needed with regard to the legal description:
a. Provide the deed record volume and page for the current owner(s) in the preamble.
b. For platted properties, the existing lot number(s) can be used for the legal description
instead of a metes and bounds description if no boundary dimensions or bearings are
changing from the original plat.
6. The following changes are needed in the “owner’s” dedication and notary:
a. Provide the deed record volume and page for the current owner(s) in the preamble.
b. Revise the owner’s dedication and notary to conform to the standard format as shown in
Appendix 2 (Corporations, partnerships, etc. – see attached). The owners are Milner
Limited Partnership and JGJ, Inc. according to the deeds that will be referenced in the
preamble. Add JGJ, Inc. and include both owners in one dedication paragraph. After the
dedication, provide signature blocks for each authorized agent beginning with the
language “Witness my hand…” in the attached appendix.
7. The Master Thoroughfare Plan shows E. Highland S t. as a three-lane undivided arterial with 70’ of
right of way. Please provide, show and dimension 35’ of right of way measured from the centerline
of E. Highland St at the property corners and also dimension from the centerline to the properties
Case No. Attachment C
ZA19-0014 Page 2
to the north. The centerline and the existing right of way dedication shown for the properties to the
north appear to be incorrect. The plats for Southlake Medical District and the Brightbill Addition
show a 42’ right of way dedication from the E. Highland St. cent erline. Please verify that the
centerline is shown in the correct location before dimensioning the 35’ dedication from centerline.
8. The following changes are needed with regard to easements:
a. Provide easements for water, sewer and/or drainage in compliance with Public Works
requirements (see comments below).
b. Provide the abandonment signature blocks for the current franchise utilities and not the
ones from the appendix. I’ll send the current list with contacts separately.
* The Master Pathways Plan shows a <8’ sidewalk along E. Highland St. and ≥8” multi-use trails
through Lots 1R and 2, Block A, Milner Addition. Construction of a 5’ sidewalk along E. Highland
St. will be required with future construction of new homes on the proposed lots.
* The property will be subject to the tree preservation requirements in Tree Preservation Ord. No.
585-E.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
No comments.
Public Works/Engineering Review
Kevin Ferrer, P.E.
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans and future p lat revisions.
2. Provide a Survey showing all existing private infrastructure associated to the two lots that are to be
subdivided, and provide private easements for private infrastructure.
3. Provide signature blocks for the utility easement abandonment on t he face of the plat. See
Planning Comments above.
4. Dedicate right of way in conformance with the Master Thoroughfare Plan. E. Highland St. Is shown
as a three-lane undivided arterial with 70’ of right of way. Dedicate a total of 35’ from centerline
and dimension at all property corners.
EASEMENTS:
Case No. Attachment C
ZA19-0014 Page 3
1. Provide a private sanitary sewer easement for the existing private sanitary sewer service lines.
2. Add a note specifying maintenance responsibility of the private sanitary sewer easement, and
granting access to the lot owner that is being served by the private sanitary sewer service lines.
3. Provide private easements for all other private infrastructure that will be running across a different
lot.
4. Add a note specifying maintenance responsibility for all other priv ate infrastructure that will be
running across a different lot.
* Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement.
* Water and sanitary sewer cannot cross property lines without being in an easement or right of
way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be
constructed to City standards.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to
the Public Works Administration Department for review. Please allow 15 business days for
review. The plans shall conform to the most recent construction plan checklist, standard
details and general notes which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000.
The plan must include all required elements in Part III, Section F of the permit. The Environmental
Coordinator will review the SWPPP. For instructions on how to complete the review of the
SWPPP please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP
shall be submitted by second review of the civil construction plans.
* NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
* Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a
registered engineer in the State of Texas. Retaining walls shall require a permit from the B uilding
Inspections Department prior to construction.
* A geotechnical report will be required for all private and public roadways. The geotechnical
report shall include pavement design parameters for subgrade stabilization.
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
* Please reach out to me if there are any specific questions to the comments or any clarifications
are needed.
Case No. Attachment C
ZA19-0014 Page 4
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
No comments based on submitted information.
============= The following should be informational comments only ====================
* A SPIN meeting for this project was held on March 26, 2019 .
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the
intent of this requirement.
* 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 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
more information contact the Assessor/Collector’s office at 817-212-6847.
* We recommend this plat not be filed until the construction plans have been substantially approved.
This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations
may be required on the following lots pending review of construction plans: Block , Lots
* Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy
with original signatures.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale water
customer contract with the City of Fort Worth, all new water connections are required to pay the
City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final
plat recordation date and building permit issuance. The applicant is encouraged to review the City
of Fort Worth's assessment and collection of Impact Fees Guide to deter mine the fee amount.
* 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.
* A Developers Agreement is required prior to construction of any public infrastructure. The
Developer's Agreement for this addition should consider streets, drainage, park dedication
requirements and fees, off-site sewer extensions, off-site drainage and utility easements and
impact fees.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
Case No. Attachment D
ZA19-0014 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1. UPSHAW, GENE AG 661 E HIGHLAND ST 0.46 NR
2. UPSHAW, GENE AG 655 E HIGHLAND ST 1.03 NR
3. J G J INC AG 651 E HIGHLAND ST 49.99 NR
4. MILNER LIMITED PARTNERSHIP AG 555 E HIGHLAND ST 10.54 NR
5. J G J INC AG 665 E HIGHLAND ST 35.53 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Three (3)
Responses Received within 200’and
within platted subdivision : None (0)