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 ,
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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
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'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)
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♦ 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
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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#;
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• 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