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Item 4C9 CASE NO: ZA20-0008 SOUTHLAKE PLANNING do DEVELOPMENT SERVICES STAFF REPORT February 24, 2020 PROJECT: Preliminary Plat for The Canopy EXECUTIVE SUMMARY: On behalf of Shady Lane MF Southlake, LLC, DeOtte Inc. is requesting approval of a Preliminary Plat for The Canopy on property described as Tract 2A02, Samuel Freeman Survey, Abstract No. 525, Southlake, Tarrant County, Texas and located at 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal District), Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #4. DETAILS: The purpose of this request is to seek approval of a Preliminary Plat that conforms to the Zoning Change and Concept Plan for The Canopy (ZA19-0071) that was approved by City Council on January 7, 2020, which includes seven residential lots and one private street lot on approximately 8.22 acres. A private street meeting City design standards for a local street was approved internal to the development. Access to the development is from Shady Lane, which is a local street, via a private access driveway to be reconstructed to a 19' paved width with emergency access also provided from the S.H. 114 frontage road. ACTION NEEDED: Consider approval of a Preliminary Plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 1, dated February 14, 2020 (D) Surrounding Property Owners Map & Responses Full Size Plans (for Commission and Council members only) Link to Presentation Link to Plans Link to 2035 Corridor Planning Committee Report Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA20-0008 BACKGROUND INFORMATION OWNER: Shady Lane MF Southlake, LLC APPLICANT: DeOtte, Inc. PROPERTY SITUATION: 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal District) LEGAL DESCRIPTION: Tract 2A02, Samuel Freeman Survey, Abstract No. 525 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF -1A" Single Family Residential District HISTORY: - The "SF -1A" Single Family Residential District zoning was places on the portion of the property in the 65' LDN D/FW Regional Airport Overlay Zone with the adoption of Zoning Ordinance 480 and the Official Zoning Map in 1989. - A Zoning Change and Concept Plan (ZA19-0071) for The Canopy, which consists of seven residential lots on approximately 8.22 acres, was approved by City Council on January 7, 2020. SOUTH LAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Low Density Residential". 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. Pathways Master Plan & Sidewalk Plan Five foot (5) sidewalks are required along both sides of local residential streets and the 5' sidewalks are shown on the previously approved Concept Plan internal to the development. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions A private street meeting City standards for a local street was approved internal to the development. Access to the development is from Shady Lane, which is a local street, via a private access driveway to be reconstructed to a 19' paved width with emergency access also provided from the S.H. 114 frontage road via a 24' wide fire lane. Case No. Attachment A ZA20-0008 Pagel Traffic Impact A Traffic Impact Analysis was not required for this development. TREE PRESERVATION: A variance to Tree Preservation Ordinance No. 585-E was approved with the Zoning Change and Concept Plan for The Canopy (ZA19-0071). There is approximately 11.8% of existing tree cover within the proposed development and 70% of the existing tree cover is required to be preserved. The Tree Conservation Plan that was previously approved showed approximately 65.72% of existing canopy to be preserved. The Tree Conservation Plan submitted with the Preliminary Plat shows approximately 72.3% of existing canopy to be preserved, which complies with the requirements of the Tree Preservation Ordinance. UTILITIES: The property is to be served by an extension of an 8" water line through the proposed Next Century Health Care Plaza to the south (ZA19-0070) an existing 8" sewer line that runs across the northern boundary of the proposed Next Century Health Care Plaza property. DRAINAGE: Drainage will flow to three detention ponds at the northeast and southwest portions of the property. CITIZEN INPUT: A SPIN meeting was held on December 10, 2019. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held on November 14, 2018. Link to 2035 Corridor Plannina Committee Report PLANNING AND ZONING COMMISSION ACTION: February 20, 2020; Approved (6-0) subject to the staff report dated February 14, 2020 and Plat Review Summary No. 1, dated February 14, 2020. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated February 14, 2020. The City Council motion for approval of the Zoning Change and Concept Plan for The Canopy (ZA19-0071) is included below for reference: January 7, 2020; Approved at 2nd Reading (6-0) subject to the Staff subject to the Staff Report dated December 31, 2019, and Concept Plan Review Summary No. 3, dated December 30, 2019, granting the following variances: - Tree Preservation Ordinance No. 585-E. The required canopy to be preserved is 70%, based on the existing 14.43% existing tree cover and approximately 65.72% of the tree cover to be preserved as shown on the tree conservation plan. - Subdivision Ordinance No. 483, as amended, Section 5.04 which prohibits private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. Allowing a private driveway/street internal to the development with a 31' wide back of curb to back of curb paving section in a 50' common access and drainage utility easement as shown on the concept plan. Noting that the private driveway/street internal to the subdivision shall be dedicated to and maintained by the HOA. Also noting that the off-site portion of the access Case No. Attachment A ZA20-0008 Page 2 driveway to the west shall be re -constructed to include a nineteen (19) foot wide paving section to meet the Fire Marshal's requirements within the existing and proposed 30' ingress/egress/access easement. Also noting that this proposed 30' easement will be maintained by the HOA. - Subdivision Ordinance No. 483, as amended, Section 8.01.D requires that all side lot lines shall be perpendicular to the right-of-way 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 as shown on the concept plan. - Subdivision Ordinance No. 483, as amended, Section 5.03.1 requires cul-de-sacs to not exceed 1,000 feet. A variance is requested to allow the cul-de-sac as shown on the concept plan. Also noting: - Per fence exhibit C, a 6' iron fence will be installed along the north part of the access easement adjacent to the property addressed a 413 Shady Lane as represented on the concept plan. An 8' cedar fence with a cap, stained on both sides and with metal post will be installed along the north part of the access easement adjacent to the property addressed a 405 Shady Lane as represented on the concept plan. The fence will be installed in a manner that preserves adequate site distance at the Shady Lane/access easement intersection and is consistent with the requirements of the subdivision ordinance for the site triangle as determined by the City Engineer. - Providing an option with respect to the north portion of the access easement to allow the applicant and the property owner to decide upon iron fencing or cedar fencing along that portion. Case No. Attachment A ZA20-0008 Page 3 Vicinity Map The Canopy �' 242U 24617 41Sa 2E,}_ _ REENROUG EENB 25317 25� LN 2417 2419 2421 2491 2517 r2.�31 55' 2425 25174 LN 25J3 215 � � n 1� 2 Asn 2510 1 27r` i 330 ZA20-0008 Preliminary Plat 33=1 rrq II A7 1 320 Feet Case No. Attachment B ZA20-0008 Page 1 Case No.: ZA20-0008 PLAT REVIEW SUMMARY Review No.: One Project Name: Preliminary Plat — The Canopy APPLICANT: Clayton Redinger DeOtte, Inc. 420 Johnson Rd. Suite 303 Southlake, TX 76092 Phone: (817) 253-5727 E-mail: claytonredinger@deotte.com Date of Review: 02/14/20 OWNER: Mike Faulkner, Jr. Shady Lane MF Southlake, LLC 2420 Oakbend Ct. Southlake, TX 76092 Phone: (214) 794-3535 E-mail: lonesomedoveceo(@aol.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/12/20 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN 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. Per Subdivision Ordinance No 483, as amended, Section 4.01.C, the Preliminary Plat must comply with the underlying zoning. 2. Per Subdivision Ordinance No 483, as amended, Section 2.01, a Preliminary Plat must be processed and approved and then a Final Plat must be processed, approved and recorded prior to the conveyance of any lots or the issuance of any building permits. The Final Plat must be approved by the Planning and Zoning Commission prior to the execution of a developer's agreement and commencement of any site work. The following are required in accordance with Section 3.02 of Ordinance No. 483, as amended: 3. The Preliminary Plat must conform to the approved Concept Plan for The Canopy (ZA19- 0071). Please make the following changes: a. Show and label the private street area as a separate lot (Lot 1X). Label the lot as a 50' Private Access, Emergency Access, Drainage and Utility Easement. Note in the title block that the number is lots is 7 residential lots and one private street lot. b. Show and label a 10' Private Access, Emergency Access, Drainage and Utility Easement on the adjacent property that is to be dedicated to provide access to Shady Lane per the approved Zoning Change and Concept Plan (ZA19-0071). Leave a blank for the County instrument number until the easement is recorded with the County. The Private Access, Emergency Access, Drainage and Utility Easement must be recorded with the County prior to a Final Plat for The Canopy being filed. The required 19' wide private access driveway must be constructed prior to issuance of a building permit for a home in the development. c. Show and label a 24' Emergency Access Easement extending south across the adjacent property to provide an emergency connection to the S.H. 114 frontage road. Leave a blank for the County instrument number until the easement is recorded with the County. The Emergency Access Easement must be recorded with the County prior to a Final Plat for The Canopy being filed. A Fire Lane meeting City standards must be constructed Case No. Attachment C ZA20-0008 Page 1 from S.H. 114 to the private street in the development prior to issuance of a building permit for a home in the development. d. Please remove "R.O.W." from the dimensions of the private street lot since the street will be private and not dedicated as right of way. e. Add a note to the plat stating that Lot 1X is to be dedicated to and maintained by the HOA and that all drainage easements are to be maintained by the HOA. f. Show only the 40' front building line on each lot. 4. Place the City case number ZA20-0008" in the lower right-hand corner of the plat. 5. Revise the north arrow so that it points north. 6. Please label the existing zoning ("SF -1A") on the subject property. 7. Please revise the Land Use Schedule as follows: a. Remove the column for Proposed Zoning and change Existing Zoning to "SF -1A". b. Add a column for the number of Private Street Lots and put 1. c. Add a column for Net Acreage. The lot that contains the driveway access on the site is shown as an open space lot (Lot 1X) that is to be dedicated to and maintained by the HOA. The lot area (46,070 s.f.) equals 1.058 ac. The net acreage also excludes the existing 20' ingress/egress easement shown along the western boundary of Lot 1 (6,988 s.f. or 0.1604 ac.). The net acreage is 7.002 ac. d. Add columns for gross density (0.85 du/ac.) and net density (0.9997 du/ac.). The following variances to Subdivision Ordinance No. 483, as amended, were approved with the approval of the Zoning Change and Concept Plan for The Canopy (ZA19-0071). Subdivision Ordinance No. 483, as amended, Section 5.04 prohibits private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. A private driveway internal to the development with a 31' wide back of curb to back of curb paving section in a 50' Emergency Access, Common Access, Drainage and Utility Easement is proposed. The 50' Emergency Access, Common Access, Drainage and Utility Easement shall be dedicated to and maintained by the HOA. The off-site portion of the access driveway shall be re -constructed to include a nineteen (19) foot wide paving section to meet the Fire Marshal's requirements within an existing and proposed 30' ingress/egress/access easement. 2. Subdivision Ordinance No. 483, as amended, Section 8.01.D requires that all side lot lines shall be perpendicular to the right-of-way or radial in the case of a cul-de-sac or curvilinear design. 3. Subdivision Ordinance No. 483, as amended, Section 5.03.1 requires cul-de-sacs to not exceed 1,000 feet. Provide drainage easements for the retention/detention ponds. Case No. Attachment C ZA20-0008 Page 2 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: A variance to Tree Preservation Ordinance No. 585-E was approved with the Zoning Change and Concept Plan for The Canopy (ZA19-0071). There is approximately 11.8% of existing tree cover within the proposed development and 70% of the existing tree cover is required to be preserved. The Tree Conservation Plan that was previously approved showed approximately 65.72% of existing canopy to be preserved. The Tree Conservation Plan submitted with the Preliminary Plat shows approximately 72.3% of existing canopy to be preserved, which complies with the requirements of the Tree Preservation Ordinance. The designated protected trees along the east and north sides of Lot 4 may be altered by the construction of the detention area. 2. The critical root zones of designated protected trees 1756, 1757, 1758 and 1759 are within a proposed water line easement on Lot 5, where an 8" water line is proposed to be installed. The construction of the water line may alter the trees designated to be preserved. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree's root system; severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. Trenching: No trenching shall cross the critical root zone of any protected tree, unless approved in writing by the Administrative Official or exempted from the application of this Ordinance. Trenching within the critical root zone shall require the issuance of a tree permit. The placement of underground utility lines is encouraged to be located outside of the critical root zone of protected trees. 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 ZA20-0008 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* 70% -0%-20% 20.1-40% 60% 50% -40.1%-60% 40% -60.1%-80% 180.1% -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.southIake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Drainage: Detention outfall from Lot 4 cannot create adverse impacts to adjacent properties. Show and label the outfall and easement from the detention pond to the inlet in Grapevine. 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. ZA20-0008 Attachment C Page 4 General Informational Comments A SPIN meeting for The Canopy was held on December 10, 2019. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of 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. 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. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. 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. The City Council motion for approval of the Zoning Change and Concept Plan for The Canopy (ZA19-0071) is included below: January 7, 2020; Approved at 2nd Reading (6-0) subject to the Staff subject to the Staff Report dated December 31, 2019, and Concept Plan Review Summary No. 3, dated December 30, 2019, granting the following variances: - Tree Preservation Ordinance No. 585-E. The required canopy to be preserved is 70%, based on the existing 14.43% existing tree cover and approximately 65.72% of the tree cover to be preserved as shown on the tree conservation plan. - Subdivision Ordinance No. 483, as amended, Section 5.04 which prohibits private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. Allowing a private driveway/street internal to the development with a 31' wide back of curb to back of curb paving section in a 50' common access and drainage utility easement as shown on the concept plan. Noting that the private driveway/street internal to the subdivision shall be dedicated to and maintained by the HOA. Also noting that the off-site portion of the access driveway to the west shall be re -constructed to include a nineteen (19) foot wide paving section to meet the Fire Marshal's requirements within the existing and proposed 30' ingress/egress/access easement. Also noting that this proposed 30' easement will be maintained by the HOA. - Subdivision Ordinance No. 483, as amended, Section 8.01.D requires that all side lot lines shall be perpendicular to the right-of-way or radial in the case of a cul-de-sac or Case No. Attachment C ZA20-0008 Page 5 curvilinear design. A variance is requested to allow the side lot lines as shown as shown on the concept plan. - Subdivision Ordinance No. 483, as amended, Section 5.03.1 requires cul-de-sacs to not exceed 1,000 feet. A variance is requested to allow the cul- de-sac as shown on the concept plan. Also noting: - Per fence exhibit C, a 6' iron fence will be installed along the north part of the access easement adjacent to the property addressed a 413 Shady Lane as represented on the concept plan. An 8' cedar fence with a cap, stained on both sides and with metal post will be installed along the north part of the access easement adjacent to the property addressed a 405 Shady Lane as represented on the concept plan. The fence will be installed in a manner that preserves adequate site distance at the Shady Lane/access easement intersection and is consistent with the requirements of the subdivision ordinance for the site triangle as determined by the City Engineer. - Providing an option with respect to the north portion of the access easement to allow the applicant and the property owner to decide upon iron fencing or cedar fencing along that portion. Denotes Informational Comment Case No. Attachment C ZA20-0008 Page 6 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 0 co 504 LN 2503 U 2505 2509 2613 2621 FUSELLA, ROBERT A SF1-A 0 0 L N A 0 W M 2. BONOLA FAMILY LTD PRTNSHP N V 414 N IF w 5.64 NR 3. FUSELLA, ROBERTA AG 409 SHADY LN :t - w o 4. BARBARIA, DHIRAJLAL M CP 330 NR R P R R R R SOUTHLAKE PROPERTY MANAGEMENT C3 2680 E SH 114 2354 NR O BONOLA FAMILY LTD PRTNSHP C3 2540 1.15 NR 7. LANCE, CAROL ANN cn O 2.85 2600 268C 2720Y CL' w ROGERS, JANET E SF1-A 425 SHADY LN Q01 o X 9. CLARY, HELEN SF1-A J� 1.88 NR 10. 7 SPO # Owner Zoning Ph sical Address Response 1. FUSELLA, ROBERT A SF1-A 399 SHADY LN _Acreage 4.07 NR 2. BONOLA FAMILY LTD PRTNSHP C3 2540 E SH 114 5.64 NR 3. FUSELLA, ROBERTA AG 409 SHADY LN 3.69 NR 4. BARBARIA, DHIRAJLAL SF1-A 435 SHADY LN 1.88 NR 5 SOUTHLAKE PROPERTY MANAGEMENT C3 2680 E SH 114 1.25 NR 6. BONOLA FAMILY LTD PRTNSHP C3 2600 E SH 114 1.15 NR 7. LANCE, CAROL ANN AG 413 SHADY LN 2.85 NR 8. ROGERS, JANET E SF1-A 425 SHADY LN 1.95 NR 9. CLARY, HELEN SF1-A 415 SHADY LN 1.88 NR 10. GUILER, CAROL SF1-A 405 SHADY LN 2.08 NR 11. 305 MORRISON PARK DRIVE LLC SP2 305 MORRISON PARK DR 1.65 NR 12. SAM 114 TWO LLC SP2 320 MORRISON PARK DR 0.52 NR 13. SAM 114 TWO LLC SP2 330 MORRISON PARK DR 0.46 NR 14. SAM 114 TWO LLC SP2 325 MORRISON PARK DR 0.51 NR 15. ANCOR REALTY 2720 LLC SP2 2720 E SH 114 1.52 NR 16. 100 EAST MIDWAY LLC AG 395 SHADY LN 8.66 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Twelve (12) Responses Received: None (0) Case No. ZA20-0008 NR: No Response Attachment D Page 1