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Item 6 Case No. ZA19-0027 S T A F F R E P O R T September 27, 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 Planning and Zoning Commission 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. Case No. ZA19-0027 A supermajority vote is required for approval of the Plat Revision. The property 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 w ith 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 September 27, 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. PLANNING AND ZONING COMMISSION ACTION: May 23, 2019; Tabled (6-0) to the August 8, 2019 meeting. August 8, 2019; Tabled (7-0) to the August 22, 2019 meeting. August 22, 2019; Tabled (6-0) to the September 5, 2019 meeting. September 5, 2019; Tabled (6-0) to the October 3, 2019 meeting. STAFF COMMENTS: Attached is Revised Plat Review Summary No. 3, dated September 27, 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, Case No. Attachment A ZA19-0027 Page 3 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. 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: 09/27/19 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. The 5’ U.E. filed in Cabinet. A, Slide 4814, P.R.T.C.T. does not extend to E. Dove Rd, but only to the north property line of Lot 3R1, Block 1, Steward Addition. Please correct the plat to remove E. Dove Rd. or to show the entirety of Lot 3R1 with the easement stopping at the north property line. 5. 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. 6. Provide the correct City approval block for Plat Revision. 7. Please change the 25’ Road Easement, Fire Lane Easement and Utility Easement to a 25’ Common Access, Emergency Access and Utility Easement. 8. Provide a 15-foot wide sanitary sewer easement along the northern boundary of lot 3R3R1 from the western boundary to the eastern boundary. Case No. Attachment C ZA19-0027 Page 2 9. 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. • 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 1. Proposed subdivided lot currently has no access to a public water line or meter. An additional water meter may be added at the Dove Road right of way however the alignment and location of a private service beyond the meter will remain a private matter between property owners. 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 ZA19-0027 Page 8 Case No. Attachment C ZA19-0027 Page 9 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 Responses received within the notification area Case No. Attachment D ZA19-0027 Page 3 Case No. Attachment D ZA19-0027 Page 4 Case No. Attachment D ZA19-0027 Page 5 Case No. Attachment D ZA19-0027 Page 6 Case No. Attachment D ZA19-0027 Page 7 Case No. Attachment D ZA19-0027 Page 8 Attachment 1 (Howard) Case No. Attachment D ZA19-0027 Page 9 Response received outside the notification area