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PZ Item 15 - Lots 57 and 58, F. Throop No. 1511 AdditionCase No. ZA19-0040 S T A F F R E P O R T August 2, 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. 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. iii. 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. ACTION NEEDED: Consider approval of a Plat Showing ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 2, dated August 1, 2019 Presentation Variance Request Letter Plat Revision Case No. ZA19-0040 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. 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. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated August 1, 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 Case No. Attachment A ZA19-0040 Page 3 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: 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.: Two Date of Review: 08/01/19 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 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. 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. Case No. Attachment C ZA19-0040 Page 2 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. 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. Case No. Attachment C ZA19-0040 Page 3 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 and 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. * 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: Case No. Attachment C ZA19-0040 Page 4 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: 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. Case No. Attachment C ZA19-0040 Page 5 * 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. * 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. Case No. Attachment C ZA19-0040 Page 6 * 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