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Item 4JCase No. ZA20-0004 S T A F F R E P O R T March 30, 2021 CASE NO: ZA20-0004 PROJECT: Plat Revision for Lots 1-11, Block A, Hawkwood Addition EXECUTIVE SUMMARY: On behalf of Hawkwood Southlake LLC, DeOtte, Inc. is requesting approval of a variance to Section 4.01 I of the Subdivision Ordinance No. 483, as amended, regarding "Expiration of Plats" and approve a one (1) year extension of the validity of Case ZA20-0004, Plat Revision for Lots 1-11, Block A, Hawkwood Addition on property described as Lots 1R and 2R, Block 1, Baker Estates, an addition to the City of Southlake, Tarrant County, Texas and located at 610 and 620 S. Peytonville Ave., Southlake, Texas. Current Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #10. DETAILS: A Plat Revision expires one (1) year after approval if not recorded in the county records. The Plat Revision for Hawkwood was approved on February 18, 2020 and expired on February 18, 2021. Plats are typically not recorded until the subdivision streets and utilities are substantially complete. Due to the length of construction time, the plat expired prior to substantial completion. Hawkwood is substantially complete and the plat is ready to be recorded. For this reason, a variance to the expiration and an extension of the validity of the plat is needed. The project is generally located on the west side of S. Peytonville Avenue approximately 525 feet south of the intersection of S. Peytonville Avenue and W. Southlake Blvd. ACTION NEEDED: Consider variance and extension approval. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 2, dated March 30, 2020 Link to Plat STAFF CONTACT: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Case No. Attachment A ZA20-0004 Page 1 BACKGROUND INFORMATION OWNER: Hawkwood Southlake LLC APPLICANT: DeOtte, Inc. PROPERTY SITUATION: 610 & 620 S. Peytonville Avenue LEGAL DESCRIPTION: Lots 1R and 2R, Block A, Baker Estates LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “R-PUD” Residential Planned Unit Development District HISTORY: The property was given the “AG” Agricultural zoning designation with the adoption of the City’s Zoning Ordinance in 1987. January 4, 1994; City Council approved a zoning change of 4.08 acres of the proposed Lot 2, Baker Estates from “AG” Agricultural District to “SF- 1A” Single Family Residential District. (ZA93-104) January 20, 1994, the Planning and Zoning Commission approved a Final Plat for Lot 1 and Lot 2, Block 1, Baker Estates. (ZA93-129) March 1994: a building permit was issued for the construction of a new residence on the property. July 15, 1997; City Council approved a plat revision for 2 lots for Baker Estates. (ZA97-071) August 5, 1997; City Council approved a zoning change for Lot 2, Block 1, Baker Estates from “SF-1A” Single Family Residential District to “RE- 5” Residential Estate District. (ZA97-080) October 2, 2018; City Council denied a zoning change and concept plan for a 14-lot “SF-20A” residential subdivision. (ZA18-0033) April 16, 2019; City Council approved a zoning change and development plan for 11 residential lots. (ZA19-0005) February 18, 2020, City Council approved the Preliminary Plat (ZA20- 0003. SOUTHLAKE 2035 PLAN: The underlying land use designation is Medium Density Residential. The request to change the zoning to “SF-20A” Single Family Residential District is consistent with this land use designation. Case No. Attachment A ZA20-0004 Page 2 WATER & SEWER: This site is currently serviced by an existing 8” water line along S. Peytonville Avenue. There is an existing 8” sewer line located along the north property line and a 6” sewer line located on the east side of S. Peytonville Avenue. DRAINAGE COMMENTS: Drainage is generally to the south on the western and north portion of the lot and west at the southeast portion of the property. Also, water flows onto the property from the east. An existing creek is located within the subdivision draining to the south through the property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site will have one access drive directly onto S. Peytonville Avenue, a 2-lane undivided 70-foot collector. The approved development is located on S. Peytonville Avenue between W. Southlake Blvd. and W. Continental Blvd. TREE PRESERVATION: Although there are some differences from the approved Tree Conservation Plan, the submitted Tree Conservation Plan does meet the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The design Engineer said, “In this particular case, the detailed design of the pond/outfall and the diversion of drainage along the south property line to mitigate drainage concerns of an adjacent property affected certain trees which were anticipated to be saved. However, the detailed design also protected trees which were previously designated for removal or marginal during zoning. In the end, we are proposing to save more trees in the final design than was proposed in the zoning case, albeit different trees.” On the approved Tree Conservation Plan there was 44.24% of existing tree cover and a minimum of 50% of the existing tree cover is required to be preserved. 54.40% of the existing tree cover was proposed to be preserved, 19.90% is designated as Marginal, and 25.70% is proposed to be altered. On the revised Tree Conservation Plan there is 34.28% of existing tree cover on the site and a minimum of 60% of the existing tree cover is required to be preserved. 60.87% of the existing tree cover is proposed to be preserved, 10.63% is designated as Marginal, and 28.50% is proposed to be altered. PLANNING & ZONING COMMISSION: The Plat Revision was recommended for approval (6-0) February 6, 2020; subject to the Staff Report dated January 31, 2020 and Plat Review Summary No. 1, dated January 16, 2020. CITY COUNCIL: The Plat Revision was approved (7-0) February 18, 2020; on Consent. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated March 30, 2021. Case No. Attachment B ZA20-0004 Page 1 Case No. Attachment C ZA20-0004 Page 1 PLAT REVIEW SUMMARY Case No.: ZA20-0004 Review No.: Two Date of Review: 03/30/21 Project Name: Plat Revision: Lots 1-11, Block A, Hawkwood Addition APPLICANT: DeOtte, Inc. OWNER: Hawkwood Southlake LLC Clayton Redinger Kosse Maykus 420 Johnson Rd., Ste 303 PO Box 92747 Keller, TX Southlake, TX 76092 Phone: 817-253-5727 Phone: Email: claytonredinger@deotte.com Email: kosse@maykus.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/15/2021 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 @ 817-748-8072 or dkillough@ci.southlake.tx.us . Planning Review The plat approval expired on February 18, 2021. Final Plats/Plat Revisions are valid for one year from the date of approval and if not recorded within that time frame expire. Since the plat has already expired, a variance to the expiration can be requested which would just go before the City Council or the alternative would be to submit a new application and go before P & Z and City Council for approval of the plat. The Subdivision Ord. Section regarding plat expiration is below. Subdivision Ordinance No. 483, as amended, Article IV 4.02. I. Expiration of Plats: 1. Preliminary Plat: A Preliminary Plat shall expire two years from the date of approval. Said expiration date shall be extended one year from the latest date of filing a Final Plat on a portion of said Preliminary Plat in the County Plat Records. 2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. 3. Extensions: The City Council may extend the expiration date of an approved plat upon written petition for such extension by the owner prior to the expiration of the plat but not to exceed one (1) year. 4. Re-submittal: Upon the expiration of a plat, the applicant mu st proceed through the applicable process in its entirety, to include fee submittal and the review process. 5. It shall be the applicant's responsibility to monitor the timing of the plat and the potential for expiration. The following changes are needed per the Subdivision Ordinance No. 483, Section 3.06): 1. Add the courthouse filing note on the bottom right-hand portion of the plat document: Case No. Attachment C ZA20-0004 Page 2 “Filed as Instrument # , Date .” 2. Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s) then add a statement to this effect. (See Appendix 12 attached to this report) 3. Since there are no Open Space Lots in this subdivision, please remove any notes and references in the title block regarding “OS” lots. 4. Provide easements in accordance with the approved as-built construction plans: The following changes are required: a. Provide a 15’ Sanitary Sewer Easement along the west boundary of Lot 4 over the installed sewer line. b. The 10’ UE along the north boundary of Kingsley Court does not appear to adequately cover the installed utilities per the as-built construction plans. Increase the width of the easement in 5’ increments (ie. 15’, 20’ ...) such that it fully covers the utilities. c. Provide a note stating, “All detention structures and open drainage channels are to be maintained by the Owner’s Association or in the absence of an Owners Association, shall be maintained by the Lot owner.” Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 * The submitted Tree Conservation Plan does not conform to the development’s approved Tree Conservation Plan but it does meet the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The design Engineer said, “In this particular case, the detailed design of the pond/outfall and the diversion of drainage along the south property line to mitigate drainage concerns of an adjacent property affected certain trees which were anticipated to be saved. However, the detailed design also protected trees which were previously designated for removal or marginal during zoning. In the end, we are proposing to save more trees in the final design than was proposed in the zoning case, albeit different trees.” On the approved Tree Conservation Plan there was 44.24% of existing tree cover and a minimum of 50% of the existing tree cover is required to be preserved. 54.40% of the existing tree cover was proposed to be preserved, 19.90% is designated as Marginal, and 25.70% is proposed to be altered. On the revised Tree Conservation Plan there is 34.28% of existing tree cover on the site and a minimum of 60% of the existing tree cover is required to be preserved. 60.87% of the existing tree cover is proposed to be preserved, 10.63% is designated as Marginal, and 28.50% is proposed to be altered. * 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 Case No. Attachment C ZA20-0004 Page 3 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * 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. Case No. Attachment C ZA20-0004 Page 4 # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us 1. See comment numbers 4a through 4c above. INFORMATIONAL COMMENTS: * 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. * If you wish, 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.