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Item 4DSOUTHLAKE PLANNING & DEVELOPMENT SERVICES STAFF REPORT February 22, 2022 CASE NO: ZA21-0002 PROJECT: Request for a Variance to the Subdivision Ordinance No. 483, as Amended, Section 4.011 - Expiration of Plats to Extend the Validity of the Plat Showing for Lots 25 and 26, O.W. Knight No. 899 Addition EXECUTIVE SUMMARY: 1000 Breeze Way, L.P. is requesting approval of a variance to the Subdivision Ordinance No. 483, as amended, Section 4.011, Expiration of Plats to extend the validity of the Plat Showing for Lots 25 and 26, O.W. Knight No. 899 Addition on property described as Tract 6C, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County, Texas and Tract 1A5B, J.W. Hale Survey, Abstract No. 803, Southlake, Tarrant County, Texas, and located at 1000 Breeze Way, Southlake, Texas. Current Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood #9. DETAILS: A Plat expires if not recorded in the County within one year of the plat approval. This plat was approved on February 2, 2021 and expired on February 3, 2022. This plat required the extension of public sanitary sewer to the new lots before recordation of the plat. Construction of the sewer has been delayed due to redesign being needed. The sewer plans for lots were originally designed to extend the sewer from E. Continental Blvd., south of the project lots, but it was later determined the sewer would need to be extended from Sarah Parks Trail, southeast of the lots. Because of this delay, the plat has expired, and a variance is needed. The applicant has requested the validity of the plat be extended for one year from the City Council's action on this request. If approved, the plat would remain valid for recordation until March 2, 2023. Plat Showing is in conformance with the previously approved Zoning Change and Concept Plan. A Zoning Change and Concept Plan (ZA20-0045) for Lots 25 and 26, O.W. Knight No. 899 Addition from "AG" Agricultural District to "SF- 20A" Single Family Residential District was approved by City Council on December 1, 2020. The following variance was granted with approval of the Zoning Change and Concept Plan: Variance to sidewalk/trail requirement under Zoning Ordinance No. 480, Section 33.19 and Subdivision Ord. No. 483, Section 5.06 to remove the requirement for an 8' multi -use trail to be installed. Case No. ZA21-0002 ACTION NEEDED: Consider approval of the variance to the plat expiration and the extension of the validity of the Plat for one (1) year from City Council's Action. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 1, dated January 15, 2021 (D) Surrounding Property Owners Map and Responses STAFF CONTACT Applicant's Extension Request Link to Presentation Link to Plat Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Case No. ZA21-0002 BACKGROUND INFORMATION OWNER/ APPLICANT: 1000 Breeze Way, L.P. PROPERTY SITUATION: 1000 Breeze Way LEGAL DESCRIPTION: Tract 6C, Obediah W. Knight Survey, Abstract No. 899 and Tract 1A5B, J.W. Hale Survey, Abstract No. 803 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "SF-20A" Single Family Residential District HISTORY: - The property was annexed into the City in 1957. - The "AG" Agricultural District zoning was placed on the property with the adoption of Ordinance No. 161 and the Official Zoning Map in 1969. - The existing home on the property was built in 1981 (Source: TAD). - A Zoning Change and Concept Plan (ZA20-0045) for Lots 25 and 26, O.W. Knight No. 899 Addition was approved by City Council on December 1, 2020. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Medium Density Residential. Purpose: The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single-family detached houses. Definition: The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi- Public categories previously discussed. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows a future 8' or greater multi -use trail along the west side of Breeze Way. The City Council granted a variance to not require the multi -use trail at 2"d reading of the associated Zoning Change and Concept Plan (ZA20-0045) on December 1, 2020. A 5' sidewalk exists along the east side of Breeze Way. TRANSPORTATION ASSESSMENT: Breeze Way is a local residential street with 70' of right of way. Adequate dedication is shown on the plat. TREE PRESERVATION: The Tree Conservation Plan is the same plan that was approved with the Zoning Change and Concept Plan (ZA20-0045). There is approximately 76.5% of existing tree cover on the site and a minimum of 40% of the existing canopy is required to be preserved. Approximately 63.40% is proposed to be preserved and an additional 80" of trees removed are proposed to be mitigated. Case No. ZA20-0002 Attachment A Page 1 UTILITIES: The property is served by an 8" water line in Breeze Way. An 8" sewer line is required be extended from an existing 8" sewer line in E. Continental Blvd. to serve the lots prior to the plat being recorded with the County. DRAINAGE: Drainage is generally northwest to south and southeast across the property. The proposed lots must be graded to carry any increased runoff to Breeze Way and not to the adjacent property to the south. A review comment has been added to provide a 10' wide drainage easement ( 5' on each lot) along the property line between Lots 25 and 26. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION ACTION: January 21, 2021; Approved on consent (3-0-1). STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated January 15, 2021.The City Council motion for approval of the Zoning Change and Concept Plan for Lots 25 and 26, O.W. Knight No. 899 Addition is below for reference: December 1, 2020; Approved at 2nd reading (7-0) subject to the staff report dated November 23, 2020 and Revised Concept Plan Review Summary No. 3, dated November 20, 2020, - Granting the following variance request: Variance to sidewalk/trail requirement under Zoning Ordinance No. 480, Section 33.19 and Subdivision Ord. No. 483, Section 5.06 and removing the requirement for an 8' multi -use trail to be installed, - Also noting the revised Concept Plan presented this evening including 13 eastern red cedar trees 15 gallons each to be planted along the west property line and also noting that the existing wrought iron fence will remain along the same west property line. Case No. Attachment A ZA20-0002 Page 2 Vicinity M a p 1000 Breeze Way ne . R ILL ES F 2 „:,,,,� « CD „�n � 620- 2 7 i £etE£a »® N C ~ < � « a ( ` 7 , L as ta£m «a am % «2 ! @� !,� 7 ,a0,m, &° ga as m LL $ z ¥ 1125 R t2 Boo_ NGFO R 807 =e R � , - ƒ 151 \ ` § a ,m ,m e »a @ $ m s ,m, a, «® %� T ,za 9133 � ,2, ,z5 FCONTINENTAIL BL D 8W e , e e 2 n ,e, n# ,»a 14Q G,a0 CA R� C 9 , ND a +, ,I 3 a2 CA ZA21-0002 Plat Showing 0 2C2 ; 525 11050 Feet Case No. Attachment B ZA21- 002 Page PLAT REVIEW SUMMARY Case No.: ZA21-0002 Review No.: One Date of Review: 01/15/21 Project Name: Plat Showing — Lots 25 and 26, O.W. Knight No. 899 Addition APPLICANT: Jon Young 1000 Breeze Way L.P. 504 Preston Ct. Southlake. TX 76092 Phone: (817) 781-6006 E-mail: jyoung@hcisouthwest.com OWNER: Jon Young 1000 Breeze Way L.P. 504 Preston Ct. Southlake. TX 76092 Phone: (817) 781-6006 E-mail: jyoung@hcisouthwest.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/22/20 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 RICHARD SCHELL AT (817) 748-8602. The plat must conform to the underlying zoning district and Subdivision Ord. No. 483, as amended. The plat must be processed, approved and recorded with the County prior to the issuance of any building permits. Sanitary sewer must be extended to serve both lots prior to the plat being recorded with the County. 2. Place the City case number ZA21-0002" in the lower right-hand corner of the plat. 3. Please make the following revisions per Subdivision Ordinance No. 483, Sections 3.04.A and 3.03. D: a. Type in the lienholder name in the lien holder ratification of plat prior to printing the full size copies for signatures. If there is/are no lienholder(s) then add the statement "There are no liens against this property" at the end of the owner's dedication before the signature block. The property owner on the plat application is 1000 Breeze Way L.P. and the property owner on the plat is Michael B. Parra. Please revise the preamble and dedication on the plat to show the current owner and deed reference and use the form of dedication language for corporations per Appendix 2 (attached). C. Please provide the standard approval block below for a multiple lot Plat Showing per Appendix 9 (below) in place of the approval block that is now on the plat. Case No. Attachment C ZA21-0002 Page 1 Plat Showings (2 or more lots) Approved by the Planning & Zoning Commission Plat Revisions Date: Chairman: P&Z Secretary: Approved by the City Couna Bate: Mayor: City Secretary: .._.._� d. Please provide a 5' drainage easement along each side of the property line between Lots 25 and 26 to equal 10' total width to accommodate a shared drainage swale shown on the preliminary drainage plan. The following variance was granted with approval of a Zoning Change and Concept Plan for Lots 25 and 26, O.W. Knight No. 899 Addition (ZA20-0045) that was approved by City Council on December 1, 2020. The entire motion for approval is in the informational comments at the end of this review summary. Variance to sidewalk/trail requirement under Zoning Ordinance No. 480, Section 33.19 and Subdivision Ord. No. 483, Section 5.06 removing the requirement for an 8' multi -use trail to be installed. The previously approved Tree Conservation Plan (ZA20-0045) tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 76.5% of existing tree cover on the site and a minimum of 40% of it is required to be preserved. 63.40% is proposed to be preserved and an additional 80" of trees removed are proposed to be mitigated. 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. Public Works/Engineering Review Sandy Endy, P.E. Civil Engineer Phone: (817) 748-8033 E-mail: sandy@ci.south lake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Case No. Attachment C ZA21-0002 Page 2 2. Any private improvements proposed in city right of way may need an encroachment agreement. WATER COMMENTS: Water meters and fire hydrants shall be located in an easement or right of way. Service Line and tap shall be installed per the City Detail. SANITARY SEWER COMMENTS: Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: Please provide a 5' drainage easement along each side of the property line between Lots 25 and 26 to equal 10' total width to accommodate a shared drainage swale. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 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. * 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 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 to be completed on the Civil Construction Drawings. Case No. Attachment C ZA21-0002 Page 3 The following should be informational comments only A SPIN meeting was not held for this project. 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 Assesso r/Co I lector'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. * A Zoning Change and Concept Plan (ZA20-0045) for was approved by City Council on December 1, 2020. The motion for approval at 2nd reading is below. December 1, 2020; Approved at 2nd reading (7-0) subject to the staff report dated November 23, 2020 and Revised Concept Plan Review Summary No. 3, dated November 20, 2020, - Granting the following variance requests: Variance to sidewalk/trail requirement under Zoning Ordinance No. 480, Section 33.19 and Subdivision Ord. No. 483, Section 5.06 and removing the requirement for an 8' multi -use trail to be installed, - Also noting the revised Concept Plan presented this evening including 13 eastern red cedar trees 15 gallons each to be planted along the west property line and also noting that the existing wrought iron fence will remain along the same west property line. Denotes Informational Comment Case No. Attachment C ZA21-0002 Page 4 APPEND EX 2 Form of Dedication for Corporations, PartnersWps, etc - STATE OF TEXAS COUNTY' OF W RMZEAS, . aarng by and through the und=p!:d, its duly autthonzcd aged is the sole owner of a tract of land situated is tba purvey, Abstract — County of — according to the deed recorded in Volume . Page . beed Records,_-__ Coumy, Texas, and more particularly dt=-bed as follows: Imert legal description here NOW, AFORE, KNOW ALL NEN BY THESE PRESENTS: THAT, _ . , by and th� the undemp--A, its duly authorized ageur, dots hereby adopt this plat &A=a=9 the hc=abavc dmnbcd prop=V as an addition to the City of soud a m, County, Taros, and I (wed do hereby dedkam tltn rights of vtray. (alleys, parrs) and ewemmis shown thereon to tha public's use wless od=-Vi i..sc . WrfESS my (our) hand. s) at S adlaic, Tacram Comay. Texts this the day of _ . 1.9 —. Home & rid.r Typext STATE OF TEAS COUNTY OF ._.... SEE op,E ME, the Trnri�s mthmity, on this day p:- y mp=,:d _ - of a corpm ion (p=u=shzp. M known to = to be the pawn(s) wh= nac{s) is(am) mbscstxd to the above an.d'foregoing hlaramcut, and acknowledged to 1= that h iattithey ezxmetl thn same for tba purposes and =tdomtion expr� and W the mpacky therein stand, and as t= act astd deed of said wrP (paruu�, GIVEN UNDER MY £3ANi3 AND SEAL OF OFFICE an skis the —. day of -- l9 _ Seal Corztnnhmion c wires: dartssary 19, im A - 2 Case No. Attachment C ZA21-0002 Page 5