Item 9Case No.
ZA21-0041
S T A F F R E P O R T
December 30, 2021
CASE NO: ZA21-0098
PROJECT: Plat Revision for Lots 11R1 and 11R2, O.W. Knight No. 899 Addition
EXECUTIVE
SUMMARY: On behalf of Tyler R. Peabody, Windrose Land Services is requesting approval
of a Plat Revision for Lots 11R1 and 11R2, O.W. Knight No. 899 Addition on
property described as Lot 11, O.W. Knight No. 899 Addition, an addition to the
City of Southlake, Tarrant County, Texas, and located at 325 Pine Dr., Southlake,
Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN
Neighborhood #9.
DETAILS: The project is generally located on the east side of Pine Dr. approximately 1380’
south of the intersection of Pine Dr. and S. White Chapel Blvd.
The purpose of this request is to divide one approximately 3.077 acre residential
lot into two residential lots that meet the requirements of the “SF-1A” Single
Family Residential District zoning, which requires a minimum lot area of one acre.
The proposed Lot 11R2 does not front on a street, so access via a residential
driveway in a private access easement is proposed. All residential driveways
must comply with the Fire Marshal requirements for emergency access. A Plat
Showing for the existing Lots 10 and 11, O.W. Knight No. 899 Addition (ZA98-
023) showing two panhandle lots, also known as flag lots, was approved on April
21, 1998 prior to the amendment to Subdivision Ordinance No. 483 that prohibits
panhandle lots, which took effect September 1, 2015.
VARIANCE
REQUESTED: A Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.A,
which requires every lot to abut on a public street or a private street is requested
to allow access from Pine Dr. to the proposed Lot 11R2 via a residential driveway
in a private access easement.
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 with 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.
Case No.
ZA21-0041
In accordance with Texas Local Government Code Section 212.015, notices
were sent to the owners of lots that are in the original subdivision and that are
within 200 feet of the lots to be replatted, as indicated on the most recently
approved municipal tax roll. The original subdivision only included Lots 10 and
11, O.W, Knight No. 899 Addition, so only two notices were sent.
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 December 30, 2021
(D) Surrounding Property Owners Map & Responses
Half Size Plans (for Commission and Council members only)
Corridor Committee Report
SPIN Report
Presentation
Variance Request Letter
Plans
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA21-0098 Page 1
BACKGROUND INFORMATION
OWNER: Tyler R. Peabody
APPLICANT: Windrose Land Services
PROPERTY SITUATION: 325 Pine Dr., generally located on the east side of Pine Dr. approximately
1380’ south of the intersection of Pine Dr. and S. White Chapel Blvd.
LEGAL DESCRIPTION: Lot 11, O.W. Knight No. 899 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District.
HISTORY: The following is a brief history of the property to the best of our knowledge
and belief.
- The property was incorporated into the City in 1956.
The “A-2” Single Family District zoning designation was placed on the
property with the adoption of Zoning Ordinance No. 261 and the Official
Zoning Map in 1981.
The “SF-1” Single Family District zoning designation was placed on the
property with the adoption of Zoning Ordinance No. 334 and the Official
Zoning Map in 1986.
- A Plat Showing (ZA98-023) for Lots 10 and 11, O.W. Knight No. 899
Addition showing two panhandle lots, also known as flag lots, was
approved on April 21, 1998 and filed March 5, 1999.
- The approximately 4,044 square foot single family home was
constructed in 1998 (Source: TAD).
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-
Public categories. The Low Density Residential category encourages the
openness and rural character of the City of Southlake.
Case No. Attachment A
ZA21-0098 Page 2
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a future <8’ sidewalk along the east
side of Pine Dr. A 5’ wide sidewalk will be required to be constructed at
the time of new home construction on the proposed Lot 11R1.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The Master Thoroughfare Plan shows Pine Dr. to be a local residential
street. The previous plat for Lots 10 and 11, O.W. Knight No. 899 Addition
shows that 60’ of right of way has been dedicated for Pine Dr. No
additional right of way dedication is required.
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 Pine Dr. and 8”
sanitary sewer lines exist in Pine Dr. and along the north property line of
Lot 11, O.W. Knight No. 899 Addition.
DRAINAGE: The property drains toward the east and then to the south within the
existing earthen channel in the recorded drainage easement.
CITIZEN INPUT: A SPIN meeting was held on December 14, 2021. Please see the meeting
report attached separately.
A 2035 Corridor Planning Committee meeting was held on October 4,
2021. Please see the meeting report attached separately.
STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated December 30, 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
ZA21-0098 Page 1
Case No. Attachment C
ZA21-0098 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA21-0098 Review No.: One Date of Review: 12/30/21
Project Name: Plat Revision for Lots11R1 and 11R2, O.W. Knight No. 899 Addition
APPLICANT: Grayson CeBallos OWNER: Tyler R. Peabody
Windrose Land Surveyors
1955 Lakeway Dr., Suite 220 325 Pine Dr.
Lewisville, TX 75057 Southlake, TX 76092
Phone: (972) 370-5871 Phone: (817) 504-4092
E-mail: Grayson.ceballos@windroseservices.com Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
12/09/21 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 must conform to the underlying zoning district, which is “SF-1A” Single Family
Residential District.
2. Confirm that any existing structures are adequately offset per zoning district setback regulations
from the proposed lot lines. Provide a separate survey or dimensioned exhibit showing the
location of any such structures or note that all such structures are to be removed.
3. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as
amended, Section 5.06, and the Pathways Master Plan. The Pathways Master Plan shows a
future <8’ sidewalk along Pine Dr., so a 5’ sidewalk is required. The 5’ sidewalk along Pine Dr.
is required to be constructed at the time of new home construction on the proposed Lot 11R1.
4. Please make the following changes to the plat per Subdivision Ord. No. 483, as amended,
Sections 3.06, 3.01 and 3.03:
a. Revise the title block to change the plat type from Replat to Plat Revision and
change “Being a Replat of Lot 11R, ...” to “Being a Revision of Lot 11, …”
b. Provide the standard approval block for a plat revision on the plat per appendix 9 by
adding a block for the Planning and Zoning Commission.
c. The following changes are needed with regard to the legal description:
Case No. Attachment C
ZA21-0098 Page 2
i. For platted properties, the existing lot number(s) can be used for the legal
description instead of a metes and bounds description if no boundary dimensions
or bearings are changing from the original plat.
ii. Show and label all property corners as to type and size of monuments and
whether found or set.
d. The following changes are needed in the owner’s dedication and notary:
i. Revise the owner’s dedication language to conform to Appendix I, Form of
Dedication for Individual or Individuals (attached).
a. Revise the beginning of the dedication to state “Whereas, I, Tyler
R. Peabody, am the sole owner of a 3.077 acre tract of land…”
b. Revise the end of the owner’s dedication to state “That I, Tyler R.
Peabody, being the sole owner, do hereby adopt this plat
designating the hereinabove described property as Lots11R1
and 11R2, O.W. Knight No. 899 Addition, an addition to the City
of Southlake, Tarrant County, Texas, and I do hereby dedicate the
rights of way …”
ii. The next to last sentence in the owner’s dedication states that the plat does not
increase the number of lots, but the number of lots is increasing from one to
two. Please revise the sentence to state “This plat does not alter or remove
existing deed restrictions or covenants, if any, on this property.”
e. The current “SF-1A” zoning on the property requires minimum setbacks of 40’ front
and rear and 20’ on each side. The lot frontage is the boundary nearest the street,
which on the proposed Lot 11R2 is the west property line. Please show and label a
40’ front building line as “By this plat”. Label the existing 20’ building line along the
west property line of the proposed Lot 11R2 as “Abandoned by this plat”.
* A Variance to Subdivision Ordinance No. 483, as amended, Section 8.01.A, which requires
every lot to abut on a public street or a private street is requested to allow access from Pine Dr.
to the proposed Lot 11R2 via a residential driveway in a private access easement. The
residential driveways must comply with all Fire Marshal requirements for emergency access.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
1. Provide a Tree Conservation Plan that meets the requirements of Tree Preservation
Ordinance No. 585-E, Section 7.3. The standards for approval per Section 7.2 of the
ordinance are below:
7.2 Standards for approval:
a. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Case No. Attachment C
ZA21-0098 Page 3
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
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.
Public Works/Engineering Review
Sandy Endy, P.E.
Civil Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
GENERAL COMMENTS:
1. Please be aware that Public Works does not allow utility service lines to cross property lines.
Please provide a utility plan showing where the proposed water and sewer service lines will be.
To service the lots, a minimum size of 8”, 6” upon approval, water and/or sewer line may be
required to be installed from the existing main lines. All public lines shall be within dedicated
utility easements. Show and label any required easements on the plat prior to submitting the
plat for recording.
2. A private access easement is required to provide access from the public street up to the property
line for Lot 11R2. The access easement must be recorded with the County prior to recording the
plat revision to subdivide the lot. Show and label the recorded access easement on the plat prior
to submitting the plat for recording.
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. Attachment C
ZA21-0098 Page 4
============= The following should be informational comments only ====================
* A SPIN meeting was held on December 14, 2021 and a 2035 Corridor Planning Committee
meeting was held on October 4, 2021.
* Although the proposed lot lines are not perpendicular or radial to the right of way, they appear
to meet the intent of this requirement.
* 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
ZA21-0098 Page 5
Case No. Attachment D
ZA21-0098 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1. PEABODY, LARRY SF1-A 315 PINE DR 1.35 NR
2. PEABODY, TYLER SF1-A 325 PINE DR 3.04 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Two (2)
In accordance with Texas Local Government Code Section 212.015, notices were sent to the owners
of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as
indicated on the most recently approved municipal tax roll. The original subdivision only included Lots
10 and 11, O.W, Knight No. 899 Addition (in gray on the map above), so only two notices were sent.
Responses Received: None (0)