Item 9ACase No.
ZA19-0040
S T A F F R E P O R T
August 13, 2019
CASE NO: ZA19-0040
PROJECT: Plat Showing for Lots 57 and 58, F. Throop No. 1511 Addition
EXECUTIVE
SUMMARY: On behalf of Farhat Osman, Eagle Surveying is requesting approval of a Plat
Showing for Lots 57 and 58, F. Throop No. 1511 Addition on property described
as Tracts 2 and 2L, Francis Throop Survey, Abstract No. 1511, Southlake,
Tarrant County, Texas and located at 2117 and 2150 E. Dove Rd., Southlake,
Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN
Neighborhood #4.
DETAILS: The proposed residential lots are located south of E. Dove Rd. approximately
300 feet west of the intersection of N. Kimball Ave. and E. Dove Rd.
The purpose of this request is to seek approval of a Plat Showing to reconfigure
the boundaries of two existing tracts totaling approximately 3.95 acres into two
residential lots that conform to the “SF-1A” Single Family Residential District.
VARIANCES
REQUESTED:
i. Driveway Ord. No. 634, as amended, requires a 100’ centerline spacing for
residential driveways on arterials. A variance is requested to allow a spacing of
approximately 85’ between the proposed driveways on Lots 57 and 58.
ii. Driveway Ord. No. 634, as amended, requires a 250’ centerline spacing to
commercial driveways on arterials. A variance is requested to allow a spacing
of approximately 100’ between the proposed driveways on Lots 57 and 58 and
the existing commercial driveway to the east.
iii. Subdivision Ord. No. 483, as amended, Section 8.01.D requires all side lot lines
to be perpendicular to the right of way lines or radial in the case of a cul-de-sac
or curvilinear design. A variance is requested to allow the side lot lines as
shown.
iv. Subdivision Ord. No. 483, as amended, Section 8.01.K prohibits panhandle
lots, also known as flag lots. The proposed western lot is configured as a
panhandle lot.
The Planning and Zoning Commission recommended approval of the item (7-0)
at their August 8, 2019 meeting with the following conditions:
Case No.
ZA19-0040
P&Z Commission Issues Applicant’s Response
Noting the applicant’s willingness to consider
proposing a layout or scenario with one driveway
versus two driveways.
The applicant is willing to consider a scenario
with one driveway.
Suggesting that the City look at removing the
current designation of Retail Commercial and
changing it to the appropriate residential land use
for the Land Use Plan with an amendment.
The applicant has no objections to the City
changing the Land Use designation to a single
family residential use.
ACTION NEEDED: Consider approval of a Plat Showing
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Review Summary No. 3, dated August 12, 2019
Link to Presentation
Link to Variance Request Letter
Link to Plat Revision
STAFF CONTACT: Dennis Killough (817) 748-8072
Richard Schell (817) 748-8602
Case No. Attachment A
ZA19-0040 Page 1
BACKGROUND INFORMATION
OWNER: Farhat Osman
APPLICANT: Eagle Surveying
PROPERTY SITUATION: 2117 and 2150 E. Dove Rd.
LEGAL DESCRIPTION: Tracts 2 and 2L, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
HISTORY: - The property was annexed into the City in 1957 and given the “AG”
Agricultural District zoning designation.
- The “SF-1A” Single Family Residential zoning designation was placed
on the property with the adoption of Zoning Ordinance No. 480 and the
official zoning map in September of 1989.
- A Preliminary Plat for Kingdom Place (ZA15-116) consisting of nine
(9) residential lots and two (2) open space lots, on approximately 11.437
acres (including the property to the west at 2080 E. Dove Rd.) was
approved by City Council on November 17, 2015. Kingdom Place was
never constructed and the Preliminary Plat has since expired.
- A previous home and accessory buildings on the property were
removed in 2018.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is “Low Density
Residential” and “Retail Commercial”.
Low Density Residenital:
The purpose of the Low Density Residential land use category is to
provide for and to protect low intensity detached single-family residential
development that promotes the openness and rural character of
Southlake.
Definition: The Low Density Residential category is for detached single-
family residential development at a net density of one or fewer dwelling
units per acre. Net density is the number of dwelling units per net acre,
which excludes acreage in all rights-of-way, easements, and lots
designated for public or private streets. Other suitable activities are
those permitted in the Public Parks / Open Space and Public / Semi-
Public categories. The Low Density Residential category encourages
the openness and rural character of the City of Southlake.
Retail Commercial:
Purpose and Definition: The Retail Commercial category is a lower- to
medium-intensity commercial category providing for neighborhood-type
retail shopping facilities and general commercial support activities. It is
intended to provide limited local retail and/or office uses which serve
neighborhoods in close proximity. It is intended that all uses in this
category will be compatible with adjacent single family uses, thereby
maintaining the character and integrity of existing neighborhoods. This
Case No. Attachment A
ZA19-0040 Page 2
category is intended to encourage comprehensively planned
developments. In areas where the Retail Commercial designation is
adjacent to residentially zoned properties or areas with a residential
designation on the Land Use Plan, lower intensity activities such as
office or office-related uses should be planned adjacent to the
residential uses. Other suitable activities are those permitted in the
Public Parks/Open Space, Public/Semi-Public, and Office Commercial
categories previously discussed.
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan shows E. Dove Rd. to be a two-lane
undivided arterial with 88’ of right of way with the provision to improve
the roadway to a four-lane divided arterial with 88’ of right of way when
traffic counts on E. Dove Rd. warrant the change. Adequate right of way
is shown to be dedicated on the plat.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a <8’ sidewalk on the south side of E.
Dove Rd. and the required 5’ sidewalk is shown on the Architectural Site
Plan.
TRANSPORTATION
ASSESSMENT: Two residential driveways are proposed onto E. Dove Rd.
TREE PRESERVATION: There is approximately 18.1% existing tree cover on the site, of which,
approximately 98.2% is proposed to be preserved. A standard zoning
district requires that a minimum 70% of existing tree cover be preserved.
Tree preservation for the proposed Lot 58 will be required to meet the
requirements of Tree Preservation Ordinance No. 585-E at the time of
construction of a new residence on the property.
UTILITIES: A 12” water line and an 8” sewer line exist in E. Dove Rd. to serve the
proposed lots.
DRAINAGE: The drainage on the southern portion of the property is generally sheet
flow from west to east and the drainage on the northern portion of the lot
is generally sheet flow from south to north.
CITIZEN INPUT/
BOARD REVIEW: A SPIN meeting was not held for this project.
PLANNING AND ZONING
COMMISSION ACTION: August 8, 2019; Approved (6-1) subject to the staff report dated August
2, 2019 and Plat Review Summary No. 2, dated August 1, 2019,
granting the variances requested therein and noting two things:
1. The applicant’s willingness to consider proposing a layout or
scenario with one driveway versus two driveways;
2. Suggesting that the City look at removing the current designation of
Retail Commercial and changing it to the appropriate residential land
Case No. Attachment A
ZA19-0040 Page 3
use for the Land Use Plan with an amendment.
Chairman Kubiak voted against the item due to the variance request for
a panhandle lot.
STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated August 12, 2019.
Variance Approval Criteria for Subdivision Ordinance No. 483, as
amended:
Section 9.01 Modifications and Variations:
A. Compliance: Where the Council finds that compliance with these
regulations would cause unusual hardship or extraordinary
difficulties because of exceptional and unique conditions of access,
location, shape, size, drainage, or other physical features of the site,
the requirements may be modified to mitigate the hardship, provided
that the public interest is protected and the development is in
keeping with the general spirit and intent of this ordinance.
1. This section shall not be interpreted to permit the development of
land which is inherently unsuitable for the use proposed.
2. Any modification will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the
provisions of this ordinance.
Variance Approval Criteria for Subdivision Ordinance No. 483 –
Panhandle Lots:
Subdivision Ord. No. 483, as amended, Section 8.01.K prohibits
panhandle lots, also known as flag lots.
• However, the approving the approving authority may waive
this requirement if it finds that one or more of the following
conditions are satisfied and the requirements of subsection 2
are met:
a. Topographical, environmental preservation or other
severe physical constraints prevent conventional
subdivision and the panhandle lot appears to be the
best solution to subdivision of lands;
b. The panhandle lot arrangement is a temporary one in
which the panhandle will disappear and the ultimate
access will be provided by conventional means; and/or
c. The proposed lot(s) will not have an adverse affect
upon surrounding properties.
• Additionally, the approving authority shall not consider a
waiver of this requirement unless the following conditions
must be met:
Case No. Attachment A
ZA19-0040 Page 4
a. The area and width of the buildable area of the lot
must comply with the underlying zoning regulations.
The panhandle portion of the lot is not to be included
as part of the required minimum lot area;
b. The length and width of the panhandle section of the
lot must provide for or exceed the minimum
emergency access and fire protection standards of the
adopted City codes; and
c. The location of the panhandle lot conforms to the City’s
Driveway Ordinance, No. 634, as amended.
Case No. Attachment B
ZA19-0040 Page 1
Case No. Attachment C
ZA19-0040 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA19-0040 Review No.: Three Date of Review: 08/12/19
Project Name: Plat Showing – Lots 57 and 58, F. Throop No. 1511 Addition
APPLICANT: John Cox Owner: Farhat Osman
Eagle Surveying
210 S. Elm St. #104 306 Dove Creek Trail
Denton, TX Southlake, TX 76092
Phone: (940) 222-3009 Phone: (916) 600-9525
E-mail: john@eaglesurveying.com E-mail: sean@calaiscustomhomes.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 07/22/19 AND 08/12/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE
STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT 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.
2. The plat must conform to the underlying zoning.
3. The POB must be tied to a survey corner, previously filed subdivision corner, or USGS
monument.
4. The following changes are needed with regard to easements:
a. Subdivision Ord. No. 483, as amended requires a 5’ Utility Easement along
property lines where adjacent property is unplatted or platted showing a 5' Utility
Easement and a 10’ Utility Easement if the adjacent property is platted and shows
no easement. Staff recommends providing easements along interior lot lines only
where necessary to provide adequate access for utilities.
b. Please dedicate a Utility Easement along E. Dove Rd. to accommodate the
existing electric lines if the electric lines will not be located entirely in the right of
way after right of way dedication is made.
5. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as
amended and the Master Pathways Plan. The Master Pathways Plan shows a future sidewalk
<8’ on the south side of E. Dove Rd. A 5’ sidewalk is required to be constructed on each lot at
the time of construction of the principal residence. Please label the width of the 5’ sidewalk on
the plan.
6. The following change is needed regarding the right of way dedication:
a. Dove Rd. is shown on the Master Thoroughfare Plan as a two-lane undivided
arterial with 88’ of right of way right of way and right of way is shown to be
dedicated to achieve 44’ from centerline. The Yates corner plat shows a
dedication of 42’ from centerline and not 44’ as shown on the plat.
7. The following variances are requested to Driveway Ord. No. 634, as amended;
Case No. Attachment C
ZA19-0040 Page 2
a. Driveway Ord. No. 634, as amended, requires a 100’ centerline spacing for
residential driveways on arterials. A variance is requested to allow a spacing of
approximately 85’ between the proposed driveways on Lots 57 and 58.
b. Driveway Ord. No. 634, as amended, requires a 250’ centerline spacing to
commercial driveways on arterials. A variance is requested to allow a spacing of
approximately 100’ between the proposed driveways on Lots 57 and 58 and the
existing commercial driveway to the east.
8. Variance are requested to the following Subdivision Ordinance requirements:
a. Subdivision Ord. No. 483, as amended, Section 8.01.D requires all side lot lines to
be perpendicular to the right of way lines or radial in the case of a cul-de-sac or
curvilinear design.
b. Subdivision Ord. No. 483, as amended, Section 8.01.K prohibits panhandle lots,
also known as flag lots. The proposed western lot is configured as a panhandle
lot.
• However, the approving the approving authority may waive this requirement if
it finds that one or more of the following conditions are satisfied and the
requirements of subsection 2 are met:
a. Topographical, environmental preservation or other severe physical
constraints prevent conventional subdivision and the panhandle lot appears to
be the best solution to subdivision of lands;
b. The panhandle lot arrangement is a temporary one in which the panhandle
will disappear and the ultimate access will be provided by conventional
means; and/or
c. The proposed lot(s) will not have an adverse affect upon surrounding
properties.
• Additionally, the approving authority shall not consider a waiver of this
requirement unless the following conditions must be met:
a. The area and width of the buildable area of the lot must comply with the
underlying zoning regulations. The panhandle portion of the lot is not to be
included as part of the required minimum lot area;
b. The length and width of the panhandle section of the lot must provide for or
exceed the minimum emergency access and fire protection standards of the
adopted City codes; and
c. The location of the panhandle lot conforms to the City’s Driveway
Ordinance, No. 634, as amended.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
* The proposed tree preservation complies with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance. There is 18.1% of existing tree cover on
the property and 1.8% is proposed to be removed. 98.2% of the existing tree cover is
proposed to be preserved.
Case No. Attachment C
ZA19-0040 Page 3
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 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/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.
2. Submit grading and drainage plan with Building Permit application prepared by a registered
professional engineer in the State of Texas. Plan shall include 2’ contours a nd drainage
arrows. Discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance No. 605. Runoff from the dwelling must be
shown to discharge into a drainage easement or right of way.
3. Add FEMA Firm note specifying floodplain status on subject tracts.
4. Add a note specifying that owners shall maintain sight triangles in accordance with City
Subdivision Ordinance.
Case No. Attachment C
ZA19-0040 Page 4
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Sidewalk widths shall conform to the Southlake Pathways Plan.
EASEMENTS:
5. Provide swale along western property within an easement to intercept runoff before entering
adjacent property.
* 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.
WATER COMMENTS:
* Water lines cannot cross property lines without being in an easement or right of way.
* The size of the water service tap must match the size of the meter. There are no reducers
allowed before the meter on the public side. A 1” inch meter must have a 1” tap, etc.
* Water meters and fire hydrants shall be located in an easement or right of way.
* Fire lines shall be separate from service lines.
DRAINAGE COMMENTS:
1. Submit preliminary drainage plan with drainage arrows with an engineer seal. Engineer shall
specify that proposed improvements will not cause adverse impacts downstream and
upstream.
2. Culvert shall be a minimum 18-inch diameter. Any smaller sized culvert will need to be
designed by engineer with supporting documents and will also require approval from the City
Engineer.
* Discharge of post development runoff must have no adverse impact on downstream and
upstream properties and meet the provisions of Ordinance No. 605.
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:
Case No. Attachment C
ZA19-0040 Page 5
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
Building 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.
* Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH
114. Permit approval is required before beginning construction. Submit application and plans
directly to TxDOT for review.
* 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.
*=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.
The following should be 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 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 pending review of construction plans.
Case No. Attachment C
ZA19-0040 Page 6
* 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 determine
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.
* Denotes Informational Comment