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Item 9Case No. ZA21-0041 S T A F F R E P O R T May 28, 2021 CASE NO: ZA21-0041 PROJECT: Plat Revision for Lots 3R1 and 3R2, T.M. Hood No. 706 Addition EXECUTIVE SUMMARY: On behalf of Brian Lemmerman, CBG Surveying Texas, LLC is requesting approval of a Plat Revision for Lots 3R1 and 3R2, T.M. Hood No. 706 Addition on property described as Lot 3R, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1250 Shady Oaks Dr., Southlake, Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #5. DETAILS: The project is generally located on the west side of Shady Oaks Dr. approximately 400’ north of the intersection of Shady Oaks Dr. and W. Highland St./Turnberry Ln. The purpose of this request is to seek approval of a Plat Revision to divide Lot 3R, T.M. Hood No. 706 Addition (approximately 5.873 acres) into two lots that conform to the underlying “SF-1A” Single Family residential zoning district, which requires a minimum lot area of 43,560 square feet (one acre). VARIANCE REQUESTED: Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.J requiring that all lots comply with the requirements of the zoning ordinance of the City is requested to allow the existing accessory building to remain on the proposed Lot 3R1 with no principal building. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 1, dated May 27, 2021 (D) Surrounding Property Owners Map & Responses Half Size Plans (for Commission and Council members only) Presentation Plans STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA21-0041 Page 1 BACKGROUND INFORMATION OWNER: Brian Lemmerman APPLICANT: CBG Surveying Texas, LLC PROPERTY SITUATION: 1250 Shady Oaks Dr., generally located on the west side of Shady Oaks Dr. approximately 400’ north of the intersection of Shady Oaks Dr. and W. Highland St./Turnberry Ln. LEGAL DESCRIPTION: Lot 3R, T.M. Hood No. 706 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. The “AG” Agricultural District zoning designation was placed on the property with the adoption of Zoning Ordinance No. 161 and the official zoning map in 1969. - A Zoning Change (ZA94-149) from “AG” Agricultural District to “SF-1A” Single Family Residential District was approved in 1995. - A Plat Showing (ZA94-150) for Lots 3 and 4, T.M. Hood No. 706 Addition was approved January 5, 1995 and filed March 24, 1995. - A Plat Revision (ZA00-067) for Lot 3R, T.M. Hood No. 706 Addition was approved September 19, 2021 and filed December 11, 2000. - The single-family home on the property with approximately 7,540 square feet of floor area was constructed in 2000-2001. (Source: TAD) - The approximately 2,340 square foot horse barn on the property was constructed in 2000. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential. Purpose: 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 (this definition was updated by passage of Ordinance No. 1186 on February 20, 2018): 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, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi- Case No. Attachment A ZA21-0041 Page 2 Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future <8’ sidewalk along the west side of Shady Oaks Dr. A 5’ wide sidewalk will be required to be constructed at the time of new home construction on either lot. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The Master Thoroughfare Plan shows Shady Oaks Dr. to be a two-lane undivided collector with 60’ of right of way. Adequate right of way for Shady Oaks Dr. was dedicated on a previous plat. TREE PRESERVATION: A tree survey has been provided. Any future construction on either of the lots proposed by the Plat Revision will be required to comply with the regulations of the Tree Preservation Ordinance 585-E. UTILITIES: The property is served by an existing 6” water line in Shady Oaks Dr. and a 6” sanitary sewer line that runs along the west and south boundary of the existing lot. DRAINAGE: Existing drainage is generally west to east across the property. CITIZEN INPUT: A SPIN meeting was not held for this plat. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated May 27, 2021. The criteria for approving a variance to Subdivision Ordinance No. 483, as amended, is 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 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 ZA21-0041 Page 1 Case No. ZA21-0041 Page 1 PLAT REVIEW SUMMARY Case No.: ZA21-0041 Review No.: One Date of Review: 05/27/21 Project Name: Plat Revision – Lots 3R1 and 3R2, T.M. Hood No. 706 Addition APPLICANT: Bryan Connally OWNER: Brian Lemmerman CBG Surveying Texas, LLC 12025 Shiloh Rd. Suite 230 509 King Ranch Rd. Dallas, TX 75228 Southlake, TX 75228 Phone: (214) 349-9485 Phone: (480) 570-2852 E-mail: bryanc@cbgtxllc.com E-mail: blemm1984@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/06/21 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 conform to the underlying zoning district. The Plat Revision must be processed, approved and recorded with the County prior to the conveyance of any portion of the existing Lot 3R, T.M. Hood No. 706 Addition. 2. Place the City case number ZA21-0041" in the lower right-hand corner of the plat. 3. Revise the title block as follows: a. Provide a courthouse filing note as follows and place beside the title block: “Filed as Instrument # , Date .” b. Change “Revision Plat” to “Plat Revision”. 4. The following changes are needed with regard to the legal description: a. In the first call after the beginning call, change “…according to the Map thereof recorded in Cabinet A...” to “…according to the plat recorded in Cabinet A…” 5. Revise the owner’s dedication and notary to conform to the standard format as shown in Appendix 1 (Individuals) for more than one owner. There are two owners listed in the owner’s certificate and only one owner is shown in the owner’s dedication. Please revise the dedication language to add Amy Lemmerman and add a separate signature block and notary. “That we, Brian Lemmerman and Amy Lemmerman, being all of the owners, do hereby adopt this plat…” “…and we do herby dedicate the rights of way…” 6. Change “Revision Plat” to “Plat Revision” in the owner’s certificate. 7. Remove “Block 1” from the title block and from the face of the plat since there is not Block 1 on the current plat for Lot 3-R, T.M. Hood No. 706 Addition. Case No. Attachment C ZA21-0041 Page 1 8. The Tree Survey shows an existing accessory building to remain on the proposed Lot 3-R-1. Subdivision Ordinance No. 483, as amended, Section 8.01.J requires that all lots comply with the requirements of the zoning ordinance of the City. Zoning Ordinance No. 480, Section 34.2.c does not allow an accessory building on a lot without a principal building on the lot. 34.2.c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. A variance to Subdivision Ordinance No. 483, as amended, Section 8.01.J must be approved by City Council to allow the existing accessory building to remain on the proposed Lot 3-R-1. Please submit a variance request letter requesting a variance to Subdivision Ordinance No. 483, as amended, Section 8.01.J requiring that all lots comply with the requirements of the zoning ordinance of the City to allow the existing accessory building to remain or label the accessory building as “To be removed”. 9. Change the proposed lot numbers to be consistent throughout the plat as either 3-R-1 and 3-R- 2 or 3R1 and 3R2. 10. Please remove note #9 regarding the front yard setback. 11. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The Master Pathways Plan shows a future <8’ sidewalk along the west side of Shady Oaks Dr. A 5’ wide sidewalk will be required to be constructed at the time of new home construction on either lot. 12. Show and dimension the right of way from each property corner to the centerline and full width across the right of way to the platted lots to the east. 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 on either of the lots proposed by the Plat Revision will be required to comply with the regulations of the Tree Preservation Ordinance 585-E. All proposed improvements shall comply with the Existing Tree Cover Preservation Requirements set fourth in the Tree Preservation Ordinance 585-E, Section 7.2.a., Table 2.0. 7.2 STANDARDS FOR APPROVAL: a. Except as provided by subsection 7.2.b., 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 ZA21-0041 Page 2 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. * Indicates informational comment. # Indicates required items comment.Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. 2. Please submit a preliminary grading and drainage plan with the next submittal. INFORMATIONAL COMMENTS: * 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. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. Case No. Attachment C ZA21-0041 Page 3 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. ============= 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.* We recommend this plat not be filed until the construction plans (if any) have been substantially approved. This will ensure adequate easements and finish floor elevations. * 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, if any. 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 D ZA21-0041 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. DAHLSON, RICHARD SF-1A 1250 SHADY OAKS DR 6.04 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: One (1) Responses Received: None (0)