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Item 6 - MemoCase No. ZA22-0017 S T A F F R E P O R T April 29, 2022 CASE NO: ZA22-0017 PROJECT: Final Plat for The Conservation EXECUTIVE SUMMARY: Jody Alumbaugh on behalf of Dottie & Dixie Investments, LLC. is requesting approval of a Final Plat for The Conservation on property described Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Tarrant County, Texas and addressed as 3185 Southlake Park Dr., Southlake, Texas, located just west of 2970 Burney Ln. Current Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #2. DETAILS: The purpose of this request is to seek approval of a Final Plat conforming with the R-PUD Zoning and Development Plan (ZA20-0049) and Preliminary Plat (21- 0099) for The Conservation that was approved by City Council which includes 7 single family residential lots on approximately 11.25 acres. ACTION NEEDED: Consider Final Plat Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 1, dated April 29, 2022 Presentation Plans STAFF CONTACT: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Case No. Attachment A ZA22-0017 Page 1 BACKGROUND INFORMATION OWNER: Dottie & Dixie Investments, LLC APPLICANT: Jody Alumbaugh PROPERTY SITUATION: 3185 Southlake Park Dr., located west of 2970 Burney Lane. LEGAL DESCRIPTION: Tract 5, Rees D. Price Survey, Abstract No. 1207 LAND USE CATEGORY: Low Density Residential and 100-Year Floodplain CURRENT ZONING: “R-PUD” Residential Planned Unit Development District HISTORY: There was no development history on Tract 5, Rees D. Price Survey, Abstract No. 1207 prior to the approval of the Zoning Change and Development Plan for The Conservation. - The adjacent subdivision to the east, Harbor Oaks, was approved in 1974 for a zoning change from “AG” to “PUD” (ZA74-004). - A zoning change from “PUD” to “A-3” and a revised plat for Harbor Oaks (ZA79-049) were approved September 24, 1980. - The SF-1 Single Family District zoning was placed on the Harbor Oaks properties with the adoption of Zoning Ordinance No. 334 and the Official Zoning Map in 1986. - The SF-1A Single Family Residential District zoning was placed on the Harbor Oaks properties with the adoption of Zoning Ordinance No. 480 and the Official Zoning Map in 1989. - A Zoning Change and Development Plan (ZA20-0049) for The Conservation was approved December 1, 2020. - The Preliminary Plat (ZA21-0099) was approved by City Council on January, 18, 2022. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential with a portion of Tract 5 in the R.D. Price survey (3185 Southlake Park Dr.) designated as Floodplain. 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 ZA22-0017 Page 2 Purpose and Definition: The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The “floodplain” is an expanse of natural vegetation and wildlife, and should be preserved as natural open area. Within the floodplain is “floodway” that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. Pathways Master Plan & Sidewalk Plan The development was approved with no internal sidewalks and no sidewalk along Burney Lane. The approved Development Plan shows a 6’ trail from the access easement to the property owned by the United States Army Corps of Engineers (USACE), which will provide access to the existing and future equestrian/hike trails to the north and west of the proposed development on the property owned by the USACE. An Open Space and Wildlife Easement and a Landscape, Mail, Public Pedestrian and Equestrian Access easement are to be separate. This gives the public access to the adjacent USACE property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Access to the lots will be provided through a 40’ wide access easement with a 25’ wide curbed concrete street that will transition from a non- curbed segment at the entrance of the development approximately 50’ west of Burney Lane, across the existing platted lot in Harbor Oaks (Lot 10, Block 2). The access easement and street are proposed to be non- gated, open to public traffic, but privately maintained by the owner’s association. Traffic Impact A Traffic Impact Analysis was not required for this development. TREE PRESERVATION: The Tree Conservation Analysis that was approved with the Zoning Change and Development Plan for The Conservation (ZA20-0049) shows that there is a total of 91% of existing tree cover of which 50.41% will be preserved, 31.91% is proposed as “Marginal”, and 17.68% is to be removed. The Tree Conservation Plan for the development must comply with the approved Tree Conservation Analysis. UTILITIES: An 8-inch water line exists along the east side of Burney Lane. City sewer is not available to the property. An on-site sewage facility, or septic system, will be required. DRAINAGE: Existing Conditions: The existing site is densely vegetated. The drainage flow in existing conditions flows in the northwesterly direction Case No. Attachment A ZA22-0017 Page 3 toward Grapevine Lake. The north and west portions of Lot 2 and the western portions of the remaining lots are located within the flood plain and the Grapevine Lake flowage easement. The flowage easement is defined by the 572-foot contour. Construction of inhabited structures, the placement of fill material and/or placing or constructing structures at and or below the 572-foot contour without prior authorization from the Grapevine Lake Reservoir Manage is prohibited. Proposed Conditions: The proposed conditions will include a paved private access easement and seven graded pad sites. Storm runoff will be captured in a serious of private onsite curb inlets, storm drain pipe and culverts. Two curb inlets will capture the runoff from the roadway and will connect to a 24-inch culvert that outlets into the existing earthen channel. Two culverts are proposed that allow drainage flow to follow the existing path from the east to the west of the proposed roadway. The culverts will outlet into the existing earthen channels and eventually outlet into Grapevine Lake. The proposed lots will mostly follow the existing drainage pattern flowing to the west, with some runoff being captured in the proposed curb inlets and the remainder following the natural course offsite. CITIZEN INPUT: A SPIN meeting was held for this project on September 22, 2020. A 2035 Corridor Planning Committee meeting was held on August 31, 2020. PLANNING AND ZONING COMMISSION ACTION: STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated April 29, 2022. The City Council motion for approval of the Zoning Change and Concept Plan for The Conservation (ZA20-0049) is included below for reference: December 1, 2020; Approved at 2nd Reading (7-0) subject to staff report dated November 23, 2020 and Site Plan Summary No. 5, dated November 23, 2020, noting that this approval is for 8 residential lots on approximately 13.1 acres, noting also the access easement/street is to be non-gated, open to public traffic, but privately maintained by the homeowner’s association, approving Development Plan Option B, which shows the access easement/street access from Burney Lane on the north side of Lot 10, Block 2 of Harbor Oaks, noting a PUD regulation is added to allow the length of the cul-de-sac to exceed of 1,000 ft. Also noting that at a minimum, the cross section of first 50’ of the neighborhood access easement/street from the Burney Lane intersection will be designed as a typical rural road cross-section with a bar ditch, meaning no street curbs or gutters as referenced on the development plan. As the road proceeds west, the road cross section will transition back into a typical urban street cross section with curb and gutter. Also noting that no street lights will be installed as part of the construction of the neighborhood, also noting that all homes with be equipped with a fire suppression “sprinkler” system, also noting the approved plat will indicate a public pedestrian/equestrian access easement along the neighborhood street as well as along the 6‘ Case No. Attachment A ZA22-0017 Page 4 trail located on Lot 2 that leads into the Army Corps of Engineer property. Noting there will be no living tree removal, construction, or fencing allowed in the identified open space and wildlife easement, noting approval of all the modifications, plans and exhibits contained in the staff report dated November 23, 2020. Noting that if, in the construction of the road, grading or drainage associated with the access easement, any damage occurs to trees on the adjacent Lot 9, Block 2 of Harbor Oaks leading to the death of those trees, such trees will be replaced, inch for inch, with Red, Bur or Live Oak trees. Also noting that the fencing along Burney Lane on Lot 10, Block 2 will be replaced with wrought iron but no masonry columns, also noting that fencing shall be provided as shown on the submitted wall and fence diagram for Lots 1 – 7, and that additional side, rear and front yard fencing is permitted but limiting that fencing to wrought iron or pipe rail. Also noting that there will be no storage of construction equipment or parking of vehicles during construction within 100 feet of Burney Lane. Also noting that approval is conditioned on final approval from the Army Corps of Engineers regarding the roadway crossing over the flowage easement, which the applicant shall provide to our Planning & Development Services department. Also noting that no disturbance on the property shall be permitted or undertaken on the property, until such approval is provided to our Planning & Development Services department, noting the applicant’s agreement to that condition. Also noting per the applicant’s agreement that we will be moving the new road through the Housmans property (Lot 10, Block 2) to the south by 40’ from as indicated on the staff report with an easement provided with no construction or structures between the Brown property and the new road. Also noting that the applicant will work with City staff on an administrative approval of screening to account for headlights in the direction of Ms. Van Sant’s property. Also noting the relocation of the curb stop for the kiosk and mailboxes which will be moved to the new access road from Burney Lane on Lot 10, Block 2, and this will be an exception to the easement provided above. Case No. Attachment B ZA22-0017 Page 1 Case No. Attachment C ZA22-0017 Page 1 REVISED PLAT REVIEW SUMMARY Case No.: ZA22-0017 Review No.: One Date of Review: 04/29/22 Project Name: Final Plat – The Conservation APPLICANT: Jody Alumbaugh OWNER: Fritz Draper Dottie & Dixie Investments, LLC 680 N. Carroll Ave. 2600 Falcon Pass Southlake, TX 76092 Westlake, TX Phone: Phone: E-mail: E-mail: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/07/22 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072. The following are required in accordance with Section 3.02 of Ordinance No. 483, as amended: 1. The Preliminary Plat must conform to the approved Concept Plan for The Conservation (ZA20- 0049). Please make the following changes: a. Show and label all easements as approved with the Zoning Change and Development Plan including a public pedestrian/equestrian access easement along the neighborhood street as well as along the 6‘ trail located on Lot 2 on the Development Plan that leads into the Army Corps of Engineer property, an open space and wildlife easement, an easement with no construction or structures between the property at 2984 Burney and the new road, a Landscape, Mail, Public Pedestrian and Equestrian Access easement, an appropriate easement for the road and any other required easements. b. Add a note to the subsequent Final Plat stating that the easements above are to be maintained by the HOA. 2. Place the City case number ZA22-0017 in the lower right-hand corner of the plat. 3. Label the width and the radius of the cul-de-sac for Lot 8X. 4. Lot 8X is to contain a privately maintained access drive providing access to the adjoining lots. Per Sections 5 & 6 of the Subdivision Ordinance No. 483, as amended, designate this lot as a Vehicular, Pedestrian and Emergency Access Easement and Drainage and Utility Easement. 5. Per Sections 5 & 6 - Provide any easements needed to conform with the approved construction plans and developer agreement with the City. Label the bearing and distance of all easement boundaries and/or centerlines and appropriately tie the easements to a boundary and corner of the subdivision. 6. Per Section 3.03D.33 - Provide minimum finish floor elevations as may be required by the approved subdivision construction plans on each applicable lot. Case No. Attachment C ZA22-0017 Page 2 7. If there are no liens on this property provide a statement as such in the last sentence of the dedication statement. Otherwise, provide a lienholder’s ratification statement and notary acknowledgement, for execution by the lienholder, below the owner signatures. * City sewer is not available, so on-site sewage systems must be utilized. Permits from the Tarrant County Public Health Department are required. * The following variances to Subdivision Ordinance No. 483, as amended, were approved with the approval of the Zoning Change and Concept Plan for The Conservation (ZA20-0049). a. Subdivision Ordinance No. 483, Section 5.06 Sidewalks - requires that any new development provide for the location and construction of sidewalks. The applicant has written in a development regulation to not provide any sidewalks. b. Subdivision Ordinance No. 483, Section 8.01 Lotting Requirements - states that “Every lot shall abut on a public street or a private street.” Additionally, Section 5.04 requires new subdivisions to have “public streets”. The minimum public street standard requires a 50’ wide right-of-way with a 31’ wide curb and gutter street. The regulations propose an entry curb transition area from no curb and gutter at the entrance of the subdivision to a 25’ B-B pavement section with standard 6” curb, in a 40’ Access Easement shall be provided along the frontage of the residential lots. The cul-de-sac shall have a 100’ B-B outside diameter of paving, in a one hundred ten (110’) foot diameter easement (non- gated, open to the public and maintained by the owner’s association). c. The applicant has written in a development regulation to allow for the length of the cul- de-sac to exceed 1,000 feet (Subdivision Ordinance No. 483, Article V, Section 5.03) Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Provide a complete Tree Conservation Plan which conforms to the approved Tree Conservation Analysis. Provide the existing tree cover preservation calculations, all protected trees, marginal trees, and trees to be removed. The approved Tree Conservation Analysis shows that there is a total of 91% of existing tree cover of which 50.41% will be preserved, 31.91% is proposed as “Marginal”, and 17.68% is to be removed. 2. On the Tree Conservation Plan, show the existing trees which will need to be removed for the construction of the Lake Grapevine Compensatory Storage Area on Lot 2. Since no grading and/or tree removal are proposed on the lots during the development of the subdivision, a construction path will be required to be shown on the Civil Construction Plans and all existing trees not shown to be removed on the approved Tree Conservation Plan will be required to protected. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, 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 ZA22-0017 Page 3 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. * 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Case No. Attachment C ZA22-0017 Page 4 Sandy Endy, P.E. Civil Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Contact: Sandy Endy, P.E. Email: sendy@ci.southlake.tx.us Phone: (817) 748-8033 The following comments are based on the review of plans received on: 4/11/2022 It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. 2. A drainage easement shall be shown and labeled. Per the Drainage Ordinance, the drainage easement shall be of sufficient width to contain the ultimate 100-year storm plus one foot of freeboard. 3. Provide the Flowage Easement note: Elevation 572 is the boundary of the flowage easement as outlined by the U.S. Army Corps of Engineers. Any encroachments into this easement must obtain written approval from the Reservoir Manager at the following address: Grapevine Lake Project Office U.S. Army Corps of Engineers Rt. 1, Box 10 Grapevine, Texas 76051 4. Label the minimum finish floor elevations. 5. Label Lot 8X as an access, utility, and drainage easement. 6. Provide, label and dimension the utility easement for the proposed waterline located outside of Lot 8X. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA22-0017 Page 5 GENERAL COMMENTS: Hydrants are required at a maximum spacing of 600 feet for subdivisions where all homes are completely protected by a fire suppression system. (Add and/or relocate hydrants as necessary to meet the requirements) Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. (Also, add a fire hydrant at the entrance to the subdivision off of Burney Lane) The 24 foot wide street was approved by the Fire Chief due to every home in the subdivision being protected with an automatic fire suppression system. General Informational Comments * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * 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. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * 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. * The City Council motion for approval of the Zoning Change and Development Plan for The Conservation (ZA20-0049) is included below: December 1, 2020; Approved at 2nd Reading (7-0) subject to staff report dated November 23, 2020 and Site Plan Summary No. 5, dated November 23, 2020, noting that this approval is for 8 residential lots on approximately 13.1 acres, noting also the access easement/street is to be non-gated, open to public traffic, but privately maintained by the homeowner’s association, approving Development Plan Option B, which shows the access easement/street access from Burney Lane on the north side of Lot 10, Block 2 of Harbor Oaks, noting a PUD regulation is added to allow the length of the cul-de-sac to exceed of 1,000 ft. Also noting that at a minimum, the cross section of first 50’ of the neighborhood access easement/street from the Burney Lane intersection will be designed as a typical rural road cross-section with a bar ditch, meaning no street curbs or gutters as referenced on the development plan. As the road proceeds west, the road cross section will transition back into a typical urban street cross section with curb and gutter. Also noting that no street lights will be installed as part of the construction of the neighborhood, also noting that all homes with be equipped with a fire suppression “sprinkler” system, also noting the approved plat will indicate a public pedestrian/equestrian access Case No. Attachment C ZA22-0017 Page 6 easement along the neighborhood street as well as along the 6‘ trail located on Lot 2 that leads into the Army Corps of Engineer property. Noting there will be no living tree removal, construction, or fencing allowed in the identified open space and wildlife easement, noting approval of all the modifications, plans and exhibits contained in the staff report dated November 23, 2020. Noting that if, in the construction of the road, grading or drainage associated with the access easement, any damage occurs to trees on the adjacent Lot 9, Block 2 of Harbor Oaks leading to the death of those trees, such trees will be replaced, inch for inch, with Red, Bur or Live Oak trees. Also noting that the fencing along Burney Lane on Lot 10, Block 2 will be replaced with wrought iron but no masonry columns, also noting that fencing shall be provided as shown on the submitted wall and fence diagram for Lots 1 – 7, and that additional side, rear and front yard fencing is permitted but limiting that fencing to wrought iron or pipe rail. Also noting that there will be no storage of construction equipment or parking of vehicles during construction within 100 feet of Burney Lane. Also noting that approval is conditioned on final approval from the Army Corps of Engineers regarding the roadway crossing over the flowage easement, which the applicant shall provide to our Planning & Development Services department. Also noting that no disturbance on the property shall be permitted or undertaken on the property, until such approval is provided to our Planning & Development Services department, noting the applicant’s agreement to that condition. Also noting per the applicant’s agreement that we will be moving the new road through the Housmans property (Lot 10, Block 2) to the south by 40’ from as indicated on the staff report with an easement provided with no construction or structures between the Brown property and the new road. Also noting that the applicant will work with City staff on an administrative approval of screening to account for headlights in the direction of Ms. Van Sant’s property. Also noting the relocation of the curb stop for the kiosk and mailboxes which will be moved to the new access road from Burney Lane on Lot 10, Block 2, and this will be an exception to the easement provided above. * Denotes Informational Comments