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