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Item 4KCase No. ZA19-0050 S T A F F R E P O R T September 24, 2019 CASE NO: ZA19-0050 PROJECT: Plat Revision for Lots 12R1 and 12R2, S. Freeman No. 525 Addition EXECUTIVE SUMMARY: Jeremy Carrasco and Cindy Oates are requesting approval of a Plat Revision for Lots 12R1 and 12R2, S. Freeman No. 525 Addition on property described as Lot 12, S. Freeman No. 525 Addition, an addition to the City of Southlake, Tarrant County, Texas and Tract 5D01, Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County Texas and located at 616 and 712 Shady Ln., Southlake, Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #4. DETAILS: The proposed residential lots are located on Shady Ln. approximately 2,000 feet north of the E. S.H. 114 frontage road. The purpose of this request is to seek approval of a Plat Revision to relocate the property line between an existing platted lot and an unplatted tract so that an existing driveway is completely within a lot boundary instead of crossing a property line. The driveway is currently in a temporary access easement. The lot line is proposed to be shifted to the approximate location of the existing fence between the lots. A Special Exception Use (SEU) per Ordinance No. 480, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory building was approved by the Zoning Board of Adjustment on March 28, 2019 (ZBA19-0002). The SEU was approved to reduce the required setback for an existing garage at 712 Shady Ln. from 20’ to approximately 13’ to allow the lot line to be shifted to the north. There will be no physical changes to the existing accessory building at 712 Shady Ln. or any other structures on either lot. ACTION NEEDED: Consider approval of a Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 2, dated September 13, 2019 (D) Surrounding Property Owners Map and Responses Link to Presentation Link to Plat Revision STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA19-0050 Page 1 BACKGROUND INFORMATION OWNER: Jeremy Carrasco and Cindy Oates APPLICANT: Cindy Oates and Jeremy Carrasco PROPERTY SITUATION: 616 and 712 Shady Ln. LEGAL DESCRIPTION: Lot 12, S. Freeman No. 525 Addition and Tract 5D01, Samuel Freeman Survey, Abstract No. 525 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” – Single Family Residential District HISTORY: The following is the history of the property to the best of our knowledge and belief: - The existing home on the property was constructed in 1955 (Source: Tarrant Appraisal District). - The property was annexed into the City in 1956. The “SF-1A” Single Family Residential District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. - The approximately 748 square foot garage on 712 Shady Ln. was constructed in 1999. (Source: Building Permit). - A Boundary Line Agreement and Temporary Access Easement to allow an existing driveway to cross the property line was filed March 8, April 13, 2009. - A Variance to the minimum lot area (ZBA-631) to allow an approximate lot area of 37,548 square feet (43,560 square feet or one acre required) was granted by the Zoning Board of Adjustment on January 24, 2013. - A Plat Showing for Lot 12, S. Freeman No. 525 Addition was approved on January 31, 2013 and filed February 8, 2013. - The existing home on 616 Shady Ln. was constructed in 2013 (Source: Building Permit). - A Supplemental Boundary Line Agreement and Temporary Access Easement was filed on March 28, 2017 prior to the current owner acquiring the property to allow a wrought iron fence to be constructed along the driveway (see 2009 agreement and easement above). - A Special Exception Use per Ordinance No. 480, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory building was approved by the Zoning Board of Adjustment on March 28, 2019. The SEU was approved to reduce the setback for an existing garage from 20’ to approximately 13’ to allow the lot line between 616 and 712 Shady Ln. to be shifted to the north so that the existing driveway on 616 Shady Lane is completely within the lot boundary. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is “Low Density Residential”. The lots as proposed comply with this designation. Case No. Attachment A ZA19-0050 Page 2 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 Shady Ln. is a local street with 50’ of right of way. Adequate right of way is shown to be dedicated on the plat. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan does not include a recommendation for sidewalks or trails on Shady Ln. Sidewalks in compliance with the Subdivision Ordinance No. 483, as amended, are required with a Plat Revision. Construction of a 5’ sidewalk along Shady Ln. for each lot will be required at the time of construction of a new home on the lot. TRANSPORTATION ASSESSMENT: Two residential driveways exist on Shady Ln., which is a local street. No changes are proposed. TREE PRESERVATION: A Tree Conservation Plan is required to be submitted with the submittal of a Plat Revision. No changes to the existing residences or other structures are proposed. Prior to any future demolition or construction, a Tree Conservation Plan complying to Section 7.2, within the Tree Preservation Ordinance 585-E must be submitted. UTILITIES: An 8” water line and a 10” sewer line exist in Shady Ln. to serve the lots. DRAINAGE: The drainage is generally sheet flow from east to west across the properties to a creek that runs across the western portion of the property. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION ACTION: September 19, 2019; Approved (5-0) subject to the staff report dated September 13, 2019 and Plat Review Summary No. 2, dated September 13, 2019. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated September 13, 2019. Case No. Attachment B ZA19-0050 Page 1 Case No. Attachment C ZA19-0050 Page 1 PLAT REVIEW SUMMARY Case No.: ZA19-0050 Review No.: Two Date of Review: 09/13/19 Project Name:Plat Revision – Lots 12R1 and 12R2, APPLICANT: Jeremy Carasco SURVEYOR: Eric M. Zollinger Castlerock Surveying 616 Shady Lane P.O Box 232 Southlake, TX 76092 Justin, TX 76247 Phone: (214) 546-7854 Phone: (940) 242-1533 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/03/19 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 Revision must comply with the underlying zoning. The Zoning Board of Adjustment (ZBA) approved a Special Exception Use (ZBA19-0002) on March 28, 2019 to allow the existing garage on the proposed Lot 12R2 to be approximately 13’ from the property line. The building is shown to be approximately 12.8’ from the property line, which complies with the plan approved by the ZBA. 2. The following changes are needed with regard to easements: a. Revise the label on the U.E. to be abandoned from 5” to 5’. 3. Sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan are required with a Plat Revision. Construction of a 5’ sidewalk along Shady Ln. for each lot will be required at the time of construction of a new home on the lot. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. A Tree Conservation Plan is required to be submitted with the submittal of a Plat Revision. No changes to the existing residences or other structures are proposed. Prior to any future demolition or construction, a Tree Conservation Plan complying to Section 7.2, within the Tree Preservation Ordinance 585-E must be submitted. 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 Case No. Attachment C ZA19-0050 Page 2 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 Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA19-0050 Page 3 ============ The following should be informational comments only ==================== * Although the proposed north property line of Lot 12R2 is not perpendicular to the right of way, the existing tract boundary is not being revised and the lot is not being further subdivided, so the lot appears to meet the intent of this requirement. * It appears that a portion of 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 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. * Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy with original signatures. * 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. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The current address for the Flowage Easement note on the plat is below: GRAPEVINE LAKE SITE MANAGER GRAPEVINE LAKE PROJECT OFFICE 110 FAIRWAY DRIVE GRAPEVINE, TX 76051-3495 The Grapevine Lake Manager is Kenneth Myers at (817) 865-2604. * Denotes Informational Comment Case No. Attachment D ZA19-0050 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. AZAMAR, PETER SF1-A 770 SHADY LN 0.35 NR 2. AZAMAR, PETER SF1-A 810 SHADY LN 0.69 NR 3. WELLINGTON, LLOYD SF1-A 603 SHADY LN 1.00 NR 4. TRISSELL, NANCY ANN SF1-A 615 SHADY LN 1.78 NR 5. MNJ PROPERTIES LLC SF1-A 747 SHADY LN 1.27 NR 6. CARRASCO, JEREMY SF1-A 616 SHADY LN 0.86 F 7. AZAMAR, PETER SF1-A 760 SHADY LN 0.28 NR 8. AZAMAR, PETER SF1-A 780 SHADY LN 0.52 NR 9. ARCHER, MICHAEL JOE SF1-A 813 SHADY LN 1.06 NR 10. ARCHER, MICHAEL JOE SF1-A 813 SHADY LN 2.19 NR 11. AZAMAR, PETER SF1-A 800 SHADY LN 1.32 NR 12. OATES, CINDY ZIGLAR SF1-A 712 SHADY LN 1.32 F 13. WALTZ, THOMAS SF20A 2212 STILL WATER CT 1.00 NR 14. TAYLOR, DEBORAH R SF1-A 610 SHADY LN 0.86 NR 15. HOUSER LIVING TRUST RPUD 2229 COTSWOLD VALLEY CT 0.38 NR 16. HILLMAN, LUTHER L EST AG 603 N KIMBALL AVE 3.70 NR 17. DOLL, PAUL G RPUD 2237 COTSWOLD VALLEY CT 0.41 NR 18. BABARIA, GORDHANBHAI H SF1-A 604 SHADY LN 0.97 NR Case No. Attachment D ZA19-0050 Page 2 19. 579 KIMBALL LLC RPUD 2221 COTSWOLD VALLEY CT 2.76 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fourteen (14) Responses received: Two (2) - Attached Case No. Attachment D ZA19-0050 Page 3 Case No. Attachment D ZA19-0050 Page 4