Item 7
Case No.
ZA19-0027
S T A F F R E P O R T
August 16, 2019
CASE NO: ZA19-0027
PROJECT: Plat Revision for Lots 3R3R1 and 3R3R2, Block 1, Steward Addition
EXECUTIVE
SUMMARY: Richard Bollar is requesting approval of a Plat Revision for Lots 3R3R1 and
3R3R2, Block 1, Steward Addition on property described as Lot 3R3, Block 1,
Steward Addition, an addition to the City of Southlake, Tarrant County, Texas
and located at 551 E. Dove Rd., (addressed as 551 and 561 E. Dove Rd. by
Tarrant Appraisal District) Southlake, Texas. Current Zoning: “SF-1A” Single
Family Residential District. SPIN Neighborhood #3.
DETAILS: The proposed development is located at the end of a 25’ roadway easement
that extends south from E. Dove Rd. between the lots at 465 and 565 E. Dove
Rd., which are approximately 1/3 mile east of the intersection of N. White
Chapel Blvd. and E. Dove Rd.
The purpose of this request is to seek approval of a Plat Revision to divide an
existing 2.28 acre single-family residential lot into 1.28 acre and 1.0 acre single-
family residential lots. Five lots currently have access to E. Dove Rd. by way of
an approximately 12’ wide private driveway in a 25’ roadway easement. The
applicant is proposing to extend the 12’ driveway to serve the proposed lots.
There have been no changes to the plans since the August 8, 2019 meeting.
VARIANCES
REQUESTED:
1) Subdivision Ordinance No. 483, as amended, Sections 8.01(A) and 5.04
requires that every lot shall front on a public street. The applicant is
requesting a variance to this requirement.
2) Subdivision Ord. No. 483, as amended, Section 8.01.D requires all side lot
lines to the perpendicular to the right of way. A variance is requested to
allow the side lot lines as shown.
3) Subdivision Ord. No. 483, as amended, Section 8.01.K prohibits panhandle
lots, also known as flag lots. A variance is requested to allow the panhandle
lot as shown.
4) Subdivision Ordinance No. 483, section 5.06 requires minimum 5’ sidewalks
along both sides of all public and private streets. No sidewalks are
proposed.
A supermajority vote is required for approval of the Plat Revision. The property
Case No.
ZA19-0027
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, have submitted response forms in
opposition per the subsection of the Texas Local Government Code, Section
212 below:
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.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Plat Revision
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Revised Plat Review Summary No. 3, dated August 8, 2019
(D) Surrounding Property Owners Map and Responses
Presentation
Variance Request Letter
Plat Revision
SPIN Report dated March 14, 2019
Opinion Letter from Applicant’s Attorney
STAFF CONTACT: Dennis Killough (817) 748-8072
Richard Schell (817) 748-8602
Case No. Attachment A
ZA19-0027 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Richard Bollar
PROPERTY SITUATION: 551 E. Dove Rd., (addressed as 551 and 561 E. Dove Rd. by Tarrant
Appraisal District)
LEGAL DESCRIPTION: Lot 3R3, Block 1, Steward Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
HISTORY: - The property was annexed into the City in 1957.
- A Plat Showing for Lots 1, 2 and 3, Block 1, Steward Addition was
approved March 15, 1983.
- A Zoning Change (ZA98-116) from “AG” Agricultural District to “SF-
1A” Single Family Residential District was approved January 19,
1999.
- A Plat Revision (ZA98-117) for Lots 3R1, 3R2 and 3R3, Block 1,
Steward Addition was approved January 5, 1999 and filed February
8, 1999.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is “Low Density
Residential”.
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.
Mobility & Master Thoroughfare Plan
The subject property currently has access to E. Dove Rd. by way of an
approximately 12’ wide private driveway in a 25’ roadway easement.
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 when traffic counts on E.
Dove Rd. warrant the change.
Case No. Attachment A
ZA19-0027 Page 2
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a priority segment along the south
side of E. Dove Rd. adjacent to the entrance to Steward Addition by way
of a 25’ roadway easement. The applicant is requesting a variance to
not provide sidewalks on the proposed lots.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
Five lots currently have access to E. Dove Rd. by way of an
approximately 12’ wide private driveway in a 25’ roadway easement.
The applicant is proposing to extend the 12’ driveway to serve the
proposed lots.
TREE PRESERVATION: Any future construction and/or demolition on the properties will be
required to comply with the tree preservation regulations of the Tree
Preservation Ordinance 585-E.
UTILITIES: Private water lines that extend from a 12” water line in E. Dove Rd.
serve the five lots that access the roadway easement.
A 12” sewer line runs along the west boundary of the property to serve
the proposed lots.
DRAINAGE: The drainage is generally sheet flow from southeast to northwest across
the property.
CITIZEN INPUT/
BOARD REVIEW: A SPIN meeting for this project was held on March 14, 2019. A report of
the meeting is attached separately.
P&Z COMMISSION
ACTION: August 8, 2019; Tabled to the August 22, 2019 meeting.
STAFF COMMENTS: Attached is Revised Plat Review Summary No. 3, dated August 8, 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.
Case No. Attachment A
ZA19-0027 Page 3
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.
Case No. Attachment B
ZA19-0027 Page 1
Case No. Attachment C
ZA19-0027 Page 1
REVISED PLAT REVIEW SUMMARY
Case No.: ZA19-0027 Review No.: Three Date of Review: 08/08/19
Project Name: Plat Revision – Lots 3R3R1 and 3R3R2, Block 1, Steward Addition
APPLICANT: Richard Bollar SURVEYOR: Charles B. Hooks, Jr. RPLS
551 E. Dove Rd. Loyd Bransom Surveyors, Inc.
Southlake, TX 76092 1028 N. Sylvania Ave.
Fort Worth, TX 76111
Phone: (817) 798-9629 Phone: (817) 834-3477
E-mail: rick@bollar.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 07/26/19 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.
1. The plat must conform to the underlying zoning district.
2. Please change the owner’s name from “Lessa” to “Leesa” in all places.
3. Please add the authorized agent name, title and lienholder under the signature lines as shown
in the attached exhibit.
4. This property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring
construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance
No. 479. Please add the Avigation Easement and Release shown in Appendix 3 of the
Subdivision Ordinance No. 483 (attached) to the face of the plat.
5. Provide the correct City approval block for Plat Revision.
6. Please change the 25’ Road Easement, Fire Lane Easement and Utility Easement to a 25’
Common Access, Emergency Access and Utility Easement.
7. Provide a 15-foot wide sanitary sewer easement along the northern boundary of lot 3R3R1
from the western boundary to the eastern boundary.
8. Variances are requested to the following requirements of the Subdivision Ord. No. 483, as
amended:
• Section 8.01.A requires that every lot shall front on a public or private street.
Case No. Attachment C
ZA19-0027 Page 2
• Section 8.01.D requires all side lot lines to the perpendicular to the right of
way.
• Section 8.01.K prohibits panhandle lots, also known as flag lots.
1. However, 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.
2. 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.
• Subdivision Ordinance No. 483, section 5.06 requires minimum 5’ sidewalks
along both sides of all public and private streets.
Case No. Attachment C
ZA19-0027 Page 3
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
1. Any future construction and/or demolition on the properties will be required to comply with the
tree preservation regulations of the Tree Preservation Ordinance 585-E.
* 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. 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.
2. Provide a legend for line types and symbols utilized on the plat showing.
3. Sanitary Sewer is available along the rear of the properties. Both properties will need to tie into
the sanitary sewer main if approved.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
EASEMENTS:
1. Specify maintenance responsibility for existing Road easement.
2. Provide an offsite 15’ wide (minimum) Utility Easement for the required water main extension.
3. Provide a 15-foot wide sanitary sewer easement along the northern boundary of lot 3R3R1
from the western boundary to the eastern boundary.
* Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement.
WATER COMMENTS:
Case No. Attachment C
ZA19-0027 Page 4
4. Per City ordinance, a water main is required to be extended to the proposed subdivided lot. A
water meter along E. Dove Rd. and running a private service line to the new proposed lot may
cause pressure issues by not having adequate pressures for the house. A variance is
requested.
* Water lines cannot cross property lines without being in an easement or right of way.
* Water meters and fire hydrants shall be located in an easement or right of way.
DRAINAGE COMMENTS:
* Discharge of post development runoff must have no adverse impact on upstream and
downstream 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.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
1. Please see the attached Requirements for Residential Access and Requirements for
Residential Turn Around
Case No. Attachment C
ZA19-0027 Page 5
The following should be informational comments only:
* A SPIN meeting was held March 14, 2019.
* It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring
construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance
No. 479. Additionally, the Avigation Easement and Release shown in Appendix 3 of the
Subdivision Ordinance No. 483 (attached) should be executed on subsequent Plats to be filed
in the County Plat Records.
* 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.
* 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
Case No. Attachment C
ZA19-0027 Page 6
Lien Holder Acknowledgment
STATE OF _______________________
COUNTY OF______________________
Whereas _________________________________acting by and through the undersigned, its duly
authorized agent, is (are) the lien holder(s) of the property described hereon, does (do) hereby ratify all
dedications and provisions of this plat as shown.
__________________________
Authorized Agent Name
___________________________
Title
___________________________
Lienholder
STATE OF ______________________________
COUNTY OF ____________________________
BEFORE ME, the undersigned authority, on this day personally appeared
_________________________________________known to me to be the person(s) whose name(s)
is(are) subscribed to the above and foregoing instrument, and acknowledged to me that (he/she/they)
executed the same for the purposes and consideration expressed and in the capacity therein stated and
as the act and deed of said ___________________________________
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
, 20 .
Seal Notary Public
Commission expires:
Case No. Attachment C
ZA19-0027 Page 7
Case No. Attachment C
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Case No. Attachment D
ZA19-0027 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. BAILEY, GAYLON F AG 465 E DOVE RD 1.05 U
2. HOWARD, PAUL A SF1-A 535 E DOVE RD 1.08 O
3. BOLLAR, RICHARD SF1-A 551 E DOVE RD 2.20 NR
4. HEITMAN, DENICIA AG 475 E DOVE RD 0.96 O
5. SAPKOTA, SITA B SF1-A 575 E DOVE RD 0.98 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Five (5)
Responses received
within the notification area: Three (3) attached
Responses received
outside the notification area: One (1) attached
Case No. Attachment D
ZA19-0027 Page 2
Response received within the notification area
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Attachment 1 (Howard)
Case No. Attachment D
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Response received outside the notification area