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7B erCITY OF SOUTHLAKE Agenda Item 7B Regular City Council Meeting, City of Southlake, Texas Opposition to ZA22-0037 • Easement violations • Safety issues • Privacy considerations • Negative impact to neighboring home values September 20, 2022 1) Easement Violations • Overhead power lines run through the middle of Lot 3 in proposed Concept Plan (parallel to Gifford Court and towards Randol Mill) • Under these power lines is a 20-feet utility easement running across the property (10 feet on both sides of the center power line) • On checking with Tri County Electric: • Property owner cannot build anything on the 20 feet easement under these power lines • Easement not called out clearly in existing site plan or the proposed concept plan 1) Easement Violations y,� �i,a l' . V",s " ,Rt�) ab W "�.-_ ." „.4:ei j'. I have added a red line to display the z . . WWI°M0 z , zrms Lai W power lines running across property 1i R PLATTED l LOT1.R -.1 $li- I MALIK ESTATES ADDITION between utility poles (pole to the x 5 i 9e729 y,rt S • 4 88,860 B.F. ' 2.27 ocm � o , J 3s right has transformer) z z r r Under the power lines is a 20-feet utility easement running across the ® �«•• 5 i«`.- g�3 property (10 feet on both sides E g� `\ `925' E `A `"n'STUCCO 1 I of the center power line) it --_°` ��� ) .�It ij --'.•e•C ' 44 This utility easement is not called out >nm rig °"`� �` "�" clearly in existing site plan or the Mar LOT 2 �.. MALIK ESTATES ADDITION $ concept plan w Ia NOT PLATTED w p f;. ! 30,380 S.F. ' proposed p p D • 6 Z i 'S as.ess.q.". .,qY *V!! ¢ 111 :a..v W 1S �� 1.51 oaw Ilit i,o�o «� * CM.mac .._.,.� Validated with Tri CountyElectric: -- 7 OIL "�' ► """ LCT3 Cannot build anything on the 20 feet a.';' Z MALIK ESTATES ADDITION 1 it Oo ""� Oo 47.164S_F_ 1 • ;;°;.. easement under these power lines Z I z • _ ------ ' as,a / r".m at I GIFFORD COURT PRIVATE DRIVE EXISTING SITE PLAN PROPOSED CONCEPT PLAN SCALE: 1"=40' SCALE: 1"=4O' MALIK ESTATES ADDITION -ZONING SF-1A TOTAL S.F.-ALL LOTS=164,384 S.F. AVE.LOT SIZE=54,794.137 S.F.(1.268 NET ACRES PER LOT) 20%MAX.LOT COVERAGE Red rectangle shows multiple power lines and the 20 feet easement under these lines where nothing can be built (pole to the right 0has transformer and is "'60 feet from Gifford Court) i. .. 4,3 ,,,, ._ .............,,,,,,, ! 1•ill, 7 - . N o _ . �.• .. ,, ,, _ j ......1, • . ,,I . '..,.. : .7ki.: .-:-..'t 10 • `Nig,,,? '.Ater I ti ,N itk---4," .4/ • • - . . r ~ 11 \ 1716. ,-. ,...4.: 2120 T 927 1 4• :44. ..,4 t - . ‘S.L. ,, -1 '; ',..-7- . li;'7':• as i ir u ". . - .1 �` I , - 16, .. 4 �"r` ` I.:2, ',./i I , "lirf I Gifford Ct Gifford Ct Gifford Ct Gifford Ct Gifford Ct . ' Gifford Ct I' Google 4 ♦ Imofie Imagery Ma er T . • U_&r ..Map db O2D?2 - _. < '<T Pm:. Send feeGFad 30h Picture from 09/18/2022 showing power lines running across property 20 feet utility easement under these lines • ti y_ itipti . lr.i 1 , i3 ' aR, II tw om ` ' v ...• 44 .1,, 'Ail-Mt , .Y L ' .i_.Y ■ ill i' * „',_ . . i`t t.; � \1I:,11 I I'I, i,,I1i11j:iJ H^s,�, ':.. 'I Irdp,,;. mow. Ea r r . if GHT-OF-WAY EASEMENT c K$ $ E jc a E Right of THE B'I'ATE OF TEXAS • j:f R $ '• �' cowry GpT ~j�Z n, > .. i 1 -^^ i A;i' a' ; d Way KNOW ALL MEN BY THESE PRESENTS.that the undersigned'- i.__�'fy!-,/ _ _for and in a, consideration of one dollar (Si 00) and other good and valuable consideration,Teeeipt of which is hereby Sc- j o ,a S Easement knowledged,do hereby grant unto TRI-COUNTY ELECTRIC CO-OPERATIVE,INC. whose post office address o yy P 5 ++ e Is Azle,Texas.and to its successors or assigns,an easement of right-of-way for an electric distribution line, ■ t •� >t I. i ` 5 c I ry appurtenances at or near the location Fe 3, +- g $,� Y Information consistng of variable numbers of wires,and all neaaea or desirable a F3 FFF r 7 along the general course now located and stakyd_put by said Company,along,over,under,and upon the follow- o 'sg described lands located in,_ `� a o ..` S ' -- Provided o n g ��i x • County.Texas to wit: I Y A tract of land located approximately G :milss(Ngg W from the town d �fG t Texas,which e T t property is more particularly described as f r� - F t -a � E5 � e3 - . request //l� /� ter}/-� , E °� from Tri- A�MN L .ere,ma of she ''f.1.1/. /r�,/ se...r. A9omex...,6/9 as described in deed recadOe , zZ` _ _ County THE SPATE OF TEXAS Electric Cosy,Tuna. An easeaem fee as electric climbed..lime. County of �/� / aef le es.i 7/S,4,7y/- /u�i+'.3/j rEX.L` Before me,the undersigned authority.on this day personally appeared -_-- known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed Given under my hand and seal o1 office this— -day of -_- __ _,19— 7/ Notary Public (Aunty. lean Gr it-c-' n.I-4 :s`- 35— I_ THE STATE OF TEXAS 6O(�O lC!e 7L County of -.-- BEFORE ME the undersigned,a Notary Public in and for County and State, on this day personally appeared and his wife,both known to me to be the persons whose names are subscribed to the foregoing instrument,and acknowledged to The grantor recognizes that the general course of said line,as above described, ls based upon preliminary me that they each executed the rime for the purposes and consideration therein expressed,and the said _._ ,wife of the saidsurreys only. and hereby agrees that the easement hereby granted shall apply to the actual location of mad having been examined by me privily and apart from her husband,and having the same fully explained to her. line when cotnst.ructed, she,the said _ acknowledged such instrument to be her act and deed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the and she declared that she had willingly purpose of inspecting, maintaining, constructing and removing and line and appurtenances;the right to relo- signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. rate along the same general direction of said line:the ri ght to relocate said line In the same relative position to any adjacent road if and as such road is widened In the future; the right to cut and trust trees and shrubbery OWEN UNDER MY HAND AND SEAL OF OFFICE this the. day of _A.D.19—, that may interfere with or threaten to endanger the operation and maintenance of said line or system, and to license,permit,or otherwise agree to the joint use or occupancy of the line or system by any other person,arm- _____ __ elation,or corporation,for electrification or telephone putpoa . Notify Fnbl -__ _ - County,'1t'!af ea And I do hereby bind myself,my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company.its successors and assigns. against ev- THE STATK or TEXAS cry person whomsoever lawfully claiming or to claim the same or any part thereof. ' County •`+� , ll TN WITNESS WHEREOF, the undersigned have set their hands and seals this,_ /-day of C - Before me.�. ■Notary Pp614k In and for •\JM t. County. 194 Texas,on y personally appeared t�-+a ,ltoowa to me to be the person whose name is sub,ctibed-to f, rig Instrument of writing.and,after being direly sworn by me stated on oath that he saw T..GG SSii the grantor,subscribe the same and that he had signed ComparkylAgent or Employes the same as a witness at the request of a grantor. Q�) Recttying L/t ,/ iiNasement: , I Given tinderm se Y hand and al of office tttia ' day of a'- 19s ,l eitainsell ' nr Neon�vbsa Notary Public wan yf,' aaa . - Grl�9-$� 6 From:Karthik Thirumalai<karthik-thirgmalaiirgmaiLcom> Sent:Tuesday,September 20,2022 11:35 AM To:Brennan Sebastian<bsebastian itcectexas.4om> Confirmation from Right RE:Prt>faerty Easements Cc:Jeanne Ma<jeannemaeyahoa.com> Subject:RE:Property Easements of Way Director, Tri Brennan Sebastian•bsebastian�tcectea,tsom 1 •t we County Electric: To Karthik ThrnmaL>Cc lame Ma [External Email]Please verify sender and report suspicious entails. Nothing can be built in your interpretation is correct.Thaw this 20-feet 'corridor' Brennan Sebastian Business Development I Right of Way Director Tri-County Electric Cooperative under the power lines Mobile:1405)6630144 Thank you for your time on our call yesterday,and finding information that covers psgb411140l11t44:tt47#:49T easements for 905-925 Randol Mill in Southlake,TX. To summarize my understanding: From:Karthik TMrumalax<Iyrtlyk4Mryn el llgmail.ccst 1. This easement covers 20 feet(10 feet on both sides of the power line)that is Sent:Tuesday,September 20,2022 11:35 AM running though the South side of their lot(parallel to Gifford Court). To:Brennan Sebastian absebartWl#aeCteoas.tom> 2. Nothingcan be built in this 20-feet'corridor'under the Cc:Jeanne Ma<leannema�yahoo.cgm> power lines(I have Sub'! RE PropertyEasements highlighted this area with a red rectangle in the picture between the utility poles- not to scale-below). [External Email)Please verify sender and report suspicious emaas. .,rift ..,. it7 .3. ' • • •- • �' ` • �� Thank you for your time on our nR yesterday,and finding information that covers • •,• •�' � easements for 90S-92S Randol Mill in Southlake,TX. to ^ ,. To summarize q • \ my understanding: • x 1. This easement covers 20 feet(10 feet on both sides of the power line)that is t I -„__ -_._ _ ••:• running though the South side of their lot(parallel to Gifford Court). d .- _ \�. 2. Nothing can be built in this 20-feet'corridor'under the power lines(I have J highlighted this area with a red rectangle in the picture between the utility poles- O1_.y _f {,• - not to scale,be'ow). • :Ww s �� ‘ \to If I missed anything,please let me know. t Yt g. � t � ,: Thank you again for your time and help yesterday. •• '4. �i _ . C. i Kind regards, 4 ` t i Karthik Thirumalai ` / 1 . • 2) Safety Issues • Any building, accessory structures or backyard pool built under or close to power lines pose fire and safety hazards • Potential of downed lines during bad weather increases this risk • Heat or ice load can affect the sag of the electrical line, posing risk . '. � ,A#; I e / 4' ri '' r J.. y r 2 , S 0 �' N M f: p r I Y(( `y 1 IN V ii,\ ,,1,,, +, ' , . i7h fir a { pry ti xj 1 '�'�`i • Pictures showing electric utility poles, overhead power lines and f ,� � h .4 '` ,, � . a Utz .,d n , --1 transformers yr t 5R 4' , ,, c,�f1 • Safety hazards are not called out in Existing Site Plan or Proposed re .<r, ,` �' , Concept Plan documents ;YFy SRC � Y5 Ltd 3) Privacy Considerations • Privacy and unobstructed views looking out into our backyard was an influencing factor in purchase of our Southlake home a few years ago • We were not expecting a property to be built overlooking our backyard under or close to power lines, and due to existing easements • 4) Home Values getting affected: Southlake Neighbor Concerns SURROUNDING PROPERTY OWNERS MAP Negative impacts to surrounding home values - q.' ~ • Converting a SF-1A low density lot to SF-30 medium density housing in this • . 1 neighborhood increases number of dwelling units in a small space i -1 • Acreage split to cater to multiple homes with no HOA runs the risk of construction f that is inconsistent with the neighborhood and community character of adjoining i - Palomar Estates ' Concern shared by neighbors WI Owner Zoning Physical Address Acreage Response 1 BAYLESS,ROBERT RPUD 2109 PALOMAR TRL 0.7 2 161564 2 • 11%formal opposition submitted. Including ours, there is another formal neighbor 2 HENDERSHOT,MICHAEL RPUD 2113 PALOMAR TRL 0.242712041 opposition submitted online that supports our opposition. 3 98511AN00L MILL LP RPUD 2111 PALOMAR TRL 0.002710821 4 985 RANDOL MILL LP RPUD 2117 PALOMAR TRL 0.324269594 5 TEXAS,STATE OF RPUD 945 RANDOL MILL AVE 0.007415253 • There could be more responses if zoning notifications were sent to correct owners I 6 WINTERSTELLER,RICHARDI RPUD 2101 PALOMAR TRL 0.203342647 7 THE EBBITT FAMILY TRUST RPUD 2105 PALOMAR TRL 0.485948251 8 JAMESON,MATTHEW RPUD 908 LOS ALTOS TRL 0.674195062 0 33%of zoning case notifications sent to incorrect owners—highlighted in Red ----> 19 985 RANDOL MILL LP RPUD 904 LOS ALTOS TRL 1.03057611E 10 THIRUMALAI,KARTHIK RPUD 900 LOS ALTOS TRL 0.900500543 0 • 22%zoning notifications (4 out of 18) were sent to "985 Randol Mill LP": status for 12 9SSRANDOL MIIE LL LP RPUDAG 2OS755 RANDOLAAR TRLLL AVE 0.023639863 i 12 985 RANDOL MILL LP 2097 PALOMAR TRL 0.023639863 this business is listed as cancelled and was registered in Texas on 11/30/2005. 113 THE TED AND IOLENECOLPOREVOC RPUD 905 LOS ALTOS TRL 0.548142161 14 KA77A77 LIVING TRUST DATED OCT RPUD 2105 PASO ROBLES TRL 0.752537352 Palomar Estates HOA(managed by Goodwin &Company) owns common areas, not 15 RIORDAN,MICHAEL I RPUD 2100 PALOMAR TRL 0.577874634 16 IAMIK PROPERTIES INC RPUD 909 LOS ALTOS TRL 0.479067697 985 Randol Mill LP. HOA board (office bearers) did not receive this. 17 SUPERINTENDENT OF CARROLL ISO 18 CITY OF KELLER 1000 MALIK,PARVE2 SF1-A 0.646024088 • At least 11%zoning notifications (2 out of 18) were sent to homeowners who have 1001 MALIK,PARVEZ SF1-A 905 RANDOL MILL AVE 0.579727146 not lived here for some time 1002 MA111,PARVEZ SF1-A 925 RANDOL MILLAVE 2.469115007 Responses: F:In Favor 0:Opposed U:Undecided NR.No Response Notices Sent:Nineteen(19) Responses Received within 200': In Favor.0 Opposed:2 Undecided.0 No Response 17 Case No. Attachment 0 ZA2242037 10 Page 1 Our Request Given our concerns, we respectfully ask the City Council that: a. A rear lot line variance not be granted, and be consistent with the 125' requirement that exists today b. No more than 1 single family home be built in the vacant land, and this continues to be SF- 1A, which is a low-density lot c. New construction considers privacy by not having 2nd level balcony views overlooking Palomar Estate Homes Thank you for your leadership in ensuring that there are no easement violations, safety issues are considered, home values are not impacted by an overcrowding of homes on the lot, we can continue to maintain our privacy, and Southlake continues to be one of the best places to live. Sincerely, Karthik Thirumalai and Jeanne Ma Background: We are the residential property owners who are most impacted by this rezoning We are directly behind the lots for which rezoning has been requested We called the Planning and Zoning department followed City of Southlake online process as of 9/8/2022 It was submitted online at 5.59 p.m., prior to the 6.30 p.m. Planning and Zoning meeting on September 8" Our opposition was not considered or called out during the meeting. We were informed work session began at 5.15 pm and could not monitor the web intake portal. Since no one was not considered during the Planning and Zoning meeting that took place on September 8' We submitted our formal signed opposition through the City of Southlake's website at least half an hour prior to the zoning meeting that took place at 6:30 pm on September 8th. Since we could not attend in person, we watched the video online. When the Vice Chairman, Michael Forman asked if the case had received any opposition from surrounding property owners, we were surprised to hear No. We reached out the Planning & Zoning committee the next morning (9/9), to understand why our opposition was not considered and requested they rescind their decision, since that did not have all the information when they made their decision. SOUTHLAKE Public Comment Form TEXAS Your participation in all public meetings is valued and citizens wishing to express their views can electronically submit this Public Comment Form for any topic or agenda item. Please specify where you would like your comments to appear below and enter the required information. (***All comments must be submitted by 5:00 p.m. on the meeting date and will be provided for the record***) Citizens have the option to watch the City Council or PZ Commission meetings online or on the cable channel rather than in person. Citizens wishing to address the City may submit comments on any topic or agenda item electronically by utilizing this Public Comment Form below. Public Meeting Date 9/20/2022 Board Meeting* City Council * First and Last Name Karthik Thirumalai and Jeanne Ma * Address 900 Los Altos Trail Phone 214-914-8464 Email karthik.thirumalai@gmail.com I wish to share my views on an Agenda Item: Agenda Item No.* e 1A * I will speak in SUPPORT of this item I do not wish to speak, but please record my. Comments: We are opposing ZA22-0037 zoning change request due to easement violations, safety issues, privacy considerations, negative impact to neighboring home values. Detailed handouts will be provided at the meeting. i300 character limit) Signature:* Ken Baker From: Ken Baker Sent Friday, September 9, 2022 2:44 PM To: Cc Hannah McKenzie; Morgan Barclay, Dennis Killough Subject FW:ZA22-0037 Attachments: ZA22-0037_OnlineConfi rmation.pdf Mr.Thirumalai and Ms. Ma, Morgan Barclay forwarded your email to me regarding case ZA22-0037 and the submission of the opposition form. Unfortunately, at the time of your submittal last evening(5:59 pm),the Planning and Zoning Commission had started its work session(began at 5:15 PM) and the Commission and staff were involved in discussing the work session agenda items and could not monitor the weblink intake portal. As such, Mr. Foreman did not have your opposition form during the Commission's consideration of this case. The Planning and Zoning Commission is not the final authority on zoning cases and only functions as a recommending body for City Council. Crty Council is the final authority on all zoning cases and has two meetings scheduled to consider this zoning request. The first Crty Council meeting is scheduled for Tuesday,September 20th(5:30 PM—City Council Chambers-1400 Main Street-Town Hall). The second meeting is scheduled for Tuesday,October 4m (5:30 PM—City Council Chambers—1400 Main Street-Town Hall). Your email and opposition form will be provided to the City Council for both meetings. You may also speak to the City Council on the zoning case at both of the upcoming scheduled meetings. There are speaker cards located at the back of the Council Chambers that you can fill out and provide to City staff if you wish to address the City Council. Please feel free to contact me if you have any questions. Thank you. Kenneth M. Baker, AICP Senior Director of Planning and Development Services City of Southiake 1400 Main Street, Suite 310 817-748-8067 Please take a moment to fill out this customer service survey: , From: 11.11 _ . Sent Friday, September 9, 2022 7:53 AM To: Hannah McKenzie< - >; Morgan Barclay< > Cc: Michael Forman< Subject RE: ZA22-0037 Thank you for the help on the call, sending us the link below and confirming we could submit our zoning case response before the hearing starts. We followed the process to submit our opposition to the case online through the City of Southlake's website prior to the zoning meeting(formal protest with signature). Please see attached the confirmation received on submission with date and timestamp. We watched the video from the meeting yesterday, and when the Vice Chairman, Michael Forman asked if the case had received any opposition from surrounding property owners,we were surprised to hear No. 1 We are the residential property owners that are directly behind the lot for which rezoning was requested, but our opposition was not considered during the Planning and Zoning meeting. We ask that the decision-to approve rezoning in Case ZA22-0037 be rescinded. Sincerely, Karthik Thirumalai and Jeanne Ma From; Hannah McKenzie<HMcKanzie@ci.southiake. x.us> Sent Thursday,September 8,2022 1:02 PM To- MINIMIC Cc Morgan Barclay<MBarclayPci.southlake.tx.us> Subject ZA22-0037 Hello, Please follow the link below to the packet for Planning and Zoning Commission meeting 9/8/22, Agenda Item 7, ZA22-0037. h ttn://we blink.cityafsouthlake.corn/We bLinkl DocView.as,px?rd=2102707&dbid=0&rem=Southlake Thank you, Administrative Assistant Public Works I City of Southlake P: (817) 748-8098 I E: hmckenzie@cisouthake.cus Please take a moment to complete our customer service survey: Link • I 2 We are opposing the re-zoning request (ZA22-0037) due to the following reasons: Safety considerations: We purchased our property knowing there is an electric utility pole with transformers on the other side of our rear property line. This pole is located on the property for which re-zoning has been requested. Overhead power lines run from this pole through the middle of this property (parallel to Gifford Court and towards Randol Mill). Since this is a 3-phase line, it has a 15-feet utility easement on both sides. We understood that building structures could not be constructed on both sides of the electric lines because of this easement. Any structure or backyard pool built under these lines pose fire and safety hazards. Potential of downed lines during bad weather increases this risk. We do not see this electric utility pole (located —60 feet North of Gifford Court), overhead power lines or utility easement considerations shown in the proposed concept plan documents submitted for rezoning. Privacy considerations: Privacy in our backyard was an influencing factor in purchase of our home. We had a reasonable expectation of privacy, as we were not expecting a property to be built under power lines, beyond our rear property line. Home value considerations: Home values are likely to get negatively affected, because of the above. In addition, large acreage split to cater to multiple homes with no HOA runs the risk of construction that is inconsistent with the neighborhood and community character of adjoining Palomar Estates. Our home value consideration concerns are shared with neighbor conversations we've had as well. Karthik Thinimalai andleanne Ma 9/8/2022 Southlake City Council meeting Public Comment Form Please print. Return completed fo ,,to City Secretary prior to start of regular session. Jame: / ,4&1i4 t- lil v^4A1 t '!5''' _i ' - Date: II ° 'Z" k.ddress: (ir OsfL—"1( r 14i L 7 ' Phone: ' /OAC4 (Include City and State) -airy Agenda Item# I will speak in SUPPORT of this item will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION JI wish to speak during Public Forum on an item not on tonight' s agenda Topic: Jote: To allow everyone n opportunity to be heard,please limit your comments to 3 minutes. >ignature: iii A required: Cards will not be read into the record unless it is signed Southlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. \Tame: JQc.T\ Q Date:q o Address: R CO L _ -._A. k:`v CA Phone: (Include City and State) ' Agenda Item# l/6 II 11 speak in SUPPORT of this item ✓I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION wish to speak during Public Forum on an item not on tonight' s agenda Topic: Vote: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. >ignature: required: Cards will not be read into the record unless it is signed