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Item 9ACase No. ZA20-0050 S T A F F R E P O R T November 10, 2020 CASE NO: ZA20-0050 PROJECT: Plat Revision for Lot 2R1, R.P. Estes Subdivision EXECUTIVE SUMMARY: On behalf of Daniel Hernandez, CBG Surveying Texas, LLC is requesting approval of a Plat Revision for Lot 2R1, R. P. Estes Subdivision on property described as Lot 2C1, R.P. Estes Subdivision, being a portion of Lot 2, R. P. Estes Subdivision, Tarrant County, Texas, and located at 2350 Crawford Ct., Southlake, Tarrant County, Texas. Current Zoning: “AG” Agricultural District. SPIN Neighborhood #5. DETAILS: The purpose of this request is to plat a portion of Lot 2, R. P. Estes Subdivision as a lot of record. The R. P. Estes Subdivision was platted under County jurisdiction in 1947 and originally contained 8 large lots of approximately 10 acres each and one smaller lot of approximately 3.5 acres. Prior to the annexation of this area into the City of Southlake, Lot 2 was subdivided into several tracts by metes and bounds without filing a revised plat. Now that these properties are under City jurisdiction and since they are part of a plat of record, a Plat Revision must be processed, approved and recorded with the County prior to issuance of a building permit for new construction. The existing metes and bounds tract is not being further subdivided. VARIANCE REQUESTED: A variance is requested to allow the lot to not front on a street as is required by Subdivision Ordinance No. 483, as amended, Sections 8.01 and 5.04. Access to the property is via an existing 50’ ingress/egress easement. ACTION NEEDED: Consider approval of a Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 2, dated October 7, 2020 (D) Surrounding Property Owners Map and Responses Link to Presentation Link to Plat Revision and Sewer Plan STAFF CONTACT: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Case No. Attachment A ZA20-0050 Page 1 BACKGROUND INFORMATION OWNER: Daniel Hernandez APPLICANT: CBG Surveying Texas, LLC PROPERTY SITUATION: 2350 Crawford Ct. LEGAL DESCRIPTION: Lot 2C1, R.P. Estes Subdivision, being a portion of Lot 2, R. P. Estes Subdivision LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District. HISTORY: - A plat for R. P. Estes subdivision was filed with Tarrant County in 1947 prior to annexation of the property by the City of Southlake. - Lot 2, R.P. Estes subdivision appears to have been subdivided by metes and bounds beginning in 1977 prior to being annexed by the City. - The property was annexed into the City in 1987 and given the “AG” Agricultural District zoning designation. - A 1984 Manufactured Home that existed on the property was removed in 2019 or 2020 (Source: TAD, aerial and site photos). - The Zoning Board of Adjustment approved the following variances and Special Exception Use on June 11, 2020: Variance to Ord. No. 480, as amended, Section 9.5.b requiring a front yard of not less than 40’, Section 9.5.c requiring a side yard of not less than 25’ and Section 9.5.e requiring a maximum lot coverage for all buildings and structures to not exceed 10% of the lot area and a Special Exception Use per Ord. No. 480, as amended, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory building subject to the plans presented at the meeting, which showed a front yard setback of 35’, a side yard setback of 15’ for the house and garage and a lot coverage of approximately 12.75%. 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. Case No. Attachment A ZA20-0050 Page 2 Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows W. Dove Rd. as 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 W. Dove Rd. warrant the change. Crawford Ct. is a private access located within a 50’ ingress/egress easement. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future sidewalk (<8’) along the north side of W. Dove Rd. and a future ≥8’ multi-use trail along the south side of W. Dove Rd. TREE PRESERVATION: The property is subject to the requirements in Tree Preservation Ordinance No. 585-E. A Tree Conservation Plan meeting the preservation requirements in the ordinance is required. DRAINAGE: Drainage is generally sheet flow from southeast to northwest across the property. UTILITIES: An 8” City sewer line exists in Permanent Sanitary Sewer Easements extending from W. Dove Rd. All tracts on Crawford Ct. are served by private water lines with meters connected to a 12” water line in W. Dove. Rd. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for the Plat Revision. PLANNING AND ZONING COMMISSION: October 8, 2020; A request to table the item to the October 22, 2020 meeting was approved (7-0). The applicant submitted a request to extend the 30-day approval period per Chapter 212 of the Local Government Code, granting the Planning and Zoning Commission an additional 30 days from the date of approval of the extension to act upon the plat application. October 22, 2020; Approved (5-0) subject to the staff report dated October 16, 2020 and Plat Review Summary No. 2, dated October 7, 2020, granting the variance requested while acknowledging the applicant’s intent to provide sprinkler coverage for the home and encouraging the applicant to work with neighbors and the City to ensure that there is adequate public safety access to the property. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated October 7, 2020. The variance criteria for Subdivision Ordinance No. 483 are below: 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 Case No. Attachment A ZA20-0050 Page 3 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 ZA20-0050 Page 1 Case No. Attachment C ZA20-0050 Page 1 PLAT REVIEW SUMMARY Case No.: ZA20-0050 Review No.: Two Date of Review: 10/7/20 Project Name: Plat Revision – Lot 2R1, R.P. Estes Subdivision APPLICANT: Bryan Connally OWNER: Daniel Hernandez CBG Surveying Texas, LLC 12025 Shiloh Rd. #230 1905 McMillan Ave. Dallas, TX 75228 Dallas, TX 75206 Phone: (214) 349-9485 Phone: (214) 543-5553 E-mail: bryanc@cbgtxllc.com E-mail: dannyneo55@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/07/20 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 DENNIS KILLOUGH AT (817) 748-8072. 1. Per Subdivision Ordinance No 483, as amended, Section 4.01.C, the Plat Revision must comply with the underlying zoning. 2. Please provide a variance request letter since the lot does not meet the requirements in Subdivision Ord. No 483, as amended, Sections 8.01.A and 5.04: Subdivision Ord. No 483, as amended, Section 8.01.A requires that every lot shall front on a public or private street. Please be specific on what is being proposed with regard to the private driveway width, the water line and sidewalks. If the variance is granted, please add the following note to the plat. “Crawford Ct. is a private ingress/egress that will not be maintained by the City of Southlake. It is the responsibility of the property owners to maintain Crawford Ct. to a level that will allow fire trucks to respond to emergencies.” The following are required in accordance with Section 3.06 and 3.03 of Ordinance No. 483, as amended, but the comments are informational only. * The front building setback lines (on all streets) are required to be labeled or noted on the plat. The Zoning Board of Adjustment approved a variance to the minimum front setback requirement. In lieu of showing the front building line on the plat, a note has been added to the plat stating that the Zoning Board of Adjustment approved a variance to the minimum front yard setback requirement (Case No. ZBA20-0006) and the front building setback is required as approved. * Where adjacent property is un-platted or platted showing a 5’ U.E., provide a 5’ U.E. along the property line. If adjacent property is platted and shows no easement, provide a 10’ U.E. along the interior of the property line. However, staff recommends that ease ments be placed only where needed to provide necessary utility services and, where possible, be placed in a manner that minimized impacts on existing quality trees. Tree Conservation/Landscape Review Case No. Attachment C ZA20-0050 Page 2 E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 1. The property is subject to the requirements in Tree Preservation Ordinance No. 585 -E. A Tree Conservation Plan meeting the preservation requirements in the ordinance is required. Please submit a clear Tree Conservation Plan. The required Tree Conservation Plan must contain the following information plus the percentage of existing tree cover, the percentage of existing tree cover to be removed, and the percentage of existing tree cover intended to be preserved. Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified on the site xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. * 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. 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 Case No. Attachment C ZA20-0050 Page 3 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. Fire Marshal Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (A minimum of 85,000 lbs GVW). Since fire apparatus access is required further than 150 feet from the public street, and approved turn-around must be provided for fire apparatus. This approved turn-around must be placed at a point where the apparatus will not be required to back -up more than 150 feet to turn around and exit the property. (Must be maintained by the residents). Please see the attached Requirements for Residential Access and Requirements for Residential Turn Around Public Works/Engineering Review Sandy Endy, P.E. Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us WATER COMMENTS: 1. Please provide a Utility Plan with the next submittal showing where water and sewer will be located. A plan with sewer only has been submitted. Case No. Attachment C ZA20-0050 Page 4 SANITARY SEWER COMMENTS: 1. Please show the existing sewer easements adjacent to the property and label with recording number. Existing Permanent Sanitary Sewer Easements have been added to the plat. DRAINAGE COMMENTS: 1. Provide an existing conditions drainage area map and a proposed drainage area map signed and sealed by a registered Civil Engineer. 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 (if applicable). * 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. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * 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. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Case No. Attachment C ZA20-0050 Page 5 ============ 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.* 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. * 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 ZA20-0050 Page 6 Case No. Attachment C ZA20-0050 Page 7 Departments of Public Safety – Office of the Fire Marshal 600 State Street, Southlake, Texas 76092 REQUIREMENTS FOR RESIDENTIAL ACCESS 1. Fire Lane access shall be provided for emergency vehicles to all residential structures, and other structures on the lot, with a minimum width drivable surface of ten feet. 2. Fire Lanes shall be designed and maintained to support the imposed loads of fire apparatus, 85,000 pounds GVW, and be surfaced to provide all-weather driving capabilities. 3. All dead-end Fire Lanes in excess of 150 feet shall be provided with approved provisions for turning around fire apparatus. (See Table D103.4 Amended) 4. Driveways serving a single residential structure shall be as follows: A. Shall have access within 150 feet of all portions based on hose lay distance, and a fire hydrant within 1000 feet of the structure. B. If the structure is more than 150 feet, but less than 1000 feet from the road, a minimum 10 foot wide access is required to be within 150 feet of the structure and a fire hydrant is needed within 1000 feet of the structure. C. If the structure is more than 1000 feet from the road, a minimum 10 foot wide access is required to be within 150 feet of the structure and a fire hydrant is needed within 1000 feet of the structure and the structure shall be provided with an approved residential fire sprinkler system. 5. Driveways serving multiple residential structures, or other structures on the lot, with a common access easement shall be as follows: A. Shall have access within 150 feet of each structure and a fire hydrant within 1000 feet of each structure. B. If access is more than 10 feet but less than 24 feet wide, a fire hydrant is required within 1000 feet of each structure and an approved residential fire sprinkler system is required in each residence. C. If a minimum 24 foot wide access is provided, a fire hydrant is required within 1000 feet of the structure or an approved residential fire sprinkler system is required in each residence. Case No. Attachment C ZA20-0050 Page 8 Requirements for Residential Turn Around 1. Residences, structures, or portions of either hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt , concrete or other approved driving surface capable of supporting the imposed load of fire apparatus, a minimum of 85,000 pounds. 2. Fire apparatus access roads shall not exceed ten percent in grade. 3. Fire apparatus access roads shall be a minimum width of ten feet. 4. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with an approved turn around for the apparatus that meets the requirements of one of the options listed below. Case No. Attachment D ZA20-0050 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. ANDREWS, JOHN AG 2355 CRAWFORD CT 0.48 Opposition rescinded 2. SHELTER SOLUTIONS LLC AG 982 W DOVE RD 1.04 NR 3. HERNANDEZ, DANIEL AG 2350 CRAWFORD CT 0.50 NR 4. CRAWFORD, JAMES ANDERSON AG 2320 CRAWFORD CT 0.97 NR 5. CRAWFORD, LOIS MAY AG 2390 CRAWFORD CT 1.00 NR 6. O'NEAL, JERMAINE SF1-A 940 W DOVE RD 4.85 NR 7. WEBSTER, PHILIP W AG 1052 W DOVE RD 1.10 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seven (7) Responses received: Two (2) – Attached - one response and subsequent removal of opposition and on response stating undecided. 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