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Item 9B - Staff ReportCase No. ZA22-0057 S T A F F R E P O R T November 29, 2022 CASE NO: ZA22-0057 PROJECT: Plat Revision for Lot 6R1, Block A Huntwick Estates Addition EXECUTIVE SUMMARY: Legacy Classic Homes, on behalf of Sharma Himanshu, is requesting approval of a Plat Revision for Lot 6R1, Block A, Huntwick Estates Addition, City of Southlake, Tarrant County, Texas being a revision of a 1.002 acre portion of Lot 6, Block A, Huntwick Estates Addition located at 703 Harty Court, Southlake, Texas. Current Zoning: “SF-1A”, Single Family Residential District. SPIN Neighborhood #2. DETAILS: The purpose of this plat revision is to plat the boundaries of the north portion of Lot 6 which was subdivided without filing of a plat. The applicant is also requesting a variance to the required sidewalk to receive relief from installing a minimum 5-foot-wide sidewalk along the street frontage of the lot as required by the Subdivision Ordinance. Modification or variations of the Subdivision Ordinance require approval of the City Council. The applicant’s justification for the request is that the street is a rural cross section with barrow ditches along each side of the street, no curb and gutter, and there are no other sidewalks in the neighborhood. ACTION NEEDED: 1) Consider approval of a Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Review Summary No. 1, dated November 11, 2022 (D) Surrounding Property Owners Map & Responses Presentation Plat Revision Sidewalk Variance Request STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA22-0057 Page 1 BACKGROUND INFORMATION OWNER: Sharma Himanshu APPLICANT: Legacy Classic Homes PROPERTY SITUATION: 703 Harty Court LEGAL DESCRIPTION: Northern portion of Lot 6, Block A, Huntwick Estates Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District HISTORY: A final plat for Huntwick Estates was approved on June 20, 1984 and recorded on June 25, 1984 that reflected 2 platted lots being Lot 6 and Lot2, Block A . A revised final plat was approved on December 18, 1984 and filed on January 7, 1985, that platted Lot 2 and Lot 6 into one lot. It appears that sometime in the late 1980s, a deed was conveyed that divided the one lot into 2 lots. The development was given the “SF-1A” Single Family Residential District zoning designation with the adoption of the Zoning Ordinance in 1989. PLANNING AND ZONING COMMISSION: November 17, 2022: Approved (6-0) subject to the Staff Report dated November 11, 2022, and the Plat Review Summary No. 1 dated November 11, 2022, and noting the approval of a variance to the required sidewalk. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated November 11, 2022. Case No. Attachment B ZA22-0057 Page 1 Case No. ZA22-0057 Page 1 PLAT REVIEW SUMMARY Case No.: ZA22-0057 Review No.: One Date of Review: 11/11/22 Project Name: Plat Revision – 703 Harty Ct. APPLICANT: Legacy Classic Homes OWNER: Steve Sagerson Sharma Himanshu 5857 Park Vista Circle, Ste. B 703 Harty Ct. Keller, TX Southlake, TX Phone: 817-903-1527 Phone: Email: steve@legacyclassichomes.com Email: sharmahimanshu16@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/20/22 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT Patty Moos AT (817) 748-8269. All comments in this review are referenced to the Subdivision Ordinance No. 483, as amended, Article III, Sections 3.01, 3.03, and 3.06: 1. Place the City case number ZA22-0057" in the lower right-hand corner of the plat. (Sec. 3.03.D) 2. Provide both written scale and graphic scale in close proximity to the north arrow. Change the scale to 1" = 50'. (Hard to read the drawing) (Sec. 3.03.D) 3. Revise the title block as follows (Sec. 3.03.D): a. Add the date of preparation to the title. b. Revise the courthouse filing note as follows and place above the title block: “Filed as Instrument # , Date .” 4. Change the lot number in the title block and dedication to Lot 6R1, Block A, Huntwick Estates Addition. (Sec. 3.03.D) 5. Provide the standard approval block on the plat per Appendix 9. (Sec. 3.03.D) Case No. ZA22-0057 Page 2 6. Provide an owner’s certificate with meets and bounds description to include the following (Sec. 3.03.D) : 7. The following changes are needed with regard to the legal description (Sec. 3.03.D): a. Provide the total acreage b. Provide call numbers that match the boundary c. Show the boundary in heavy line d. The POB must be tied to a survey corner, previously filed subdivision corner, or USGS monument and the POB labeled on the plat graphic. e. Provide the southwest property corner as to type and size of monuments and whether found or set. f. On the plat drawing, the property is missing the bearing number (for the West bearing) along the south property line. 8. The following changes are needed in the “owner’s” dedication and notary (Section 3.06): a. Add to the end of the dedication: “This plat does alter or remove existing deed restrictions or covenants, if any, on this property.” Case No. ZA22-0057 Page 3 • We recommend that a separate dedicatory preamble and date be provided for each of the owners due to the unlikelihood that all members will sign the dedication on the same day. 9. Add a lienholder statement and signature block with notary to the plat (Appendix 12): The standard language for these statements is attached at the end of the review. If there is/are no lienholder(s) then add a statement to this effect: “There are no liens against this property.” 10. Revise the surveyor’s certification changing “map” to plat or conform with the standard format as shown in Appendix 5 of Ordinance No. 483, as amended. 11. Add the following notes to the face of the plat (Appendix 5): a. Selling a portion of any lot within this addition by metes and bounds is a violation of state law and city ordinance and is subject to fines and withholding of utilities and building permits. b. The City of Southlake reserves the right to require minimum finish floor elevations on any lot contained within this addition. The minimum elevations shown are based on the most current information available at the time the plat is filed and may be subject to change. Additional lots, other than those shown, may also be subject to minimum finish floor criteria. c. The City of Southlake shall NOT be liable for any claims, damages, or losses which may occur on account of flooding or inundation of any such lots so reclaimed, and the owner and subsequent owners of any such lots agree to release the City from any and all such claims, damages, and losses. d. Compliance with the provisions of the City’s Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. 12. The following changes are needed with regard to easements (Section 3.03) : a. Show and label the type, size and deed record of all existing easements on the property. There appears to be easements from preceding plats that are not shown. If abandoned, show and label the instrument. 13. The following changes are needed regarding Right-of-Way dedications and interior street geometry (Section 3.03): a. Dimension all property corners to the centerline of the apparent existing ROW. 14. A 5-foot sidewalk is required with the construction of the new house. (Section 33.19 in the Zoning Ordinance No. 480). A sidewalk variance request may be requested to the City Council for their consideration. _________________________________________________________________________________ Case No. Attachment D ZA22-0057 Page 1 Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Please provide and Tree Conservation Plan which complies with the Tree Preservation Ordinance 585-E. Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified on the site xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. 2. Please provide the existing tree cover calculations on the Tree Conservation Plan. The existing tree cover calculations consist of the total percentage of existing tree cover on the property, the total percentage of existing tree cover proposed to be removed, and the total percentage of existing tree cover proposed to be preserved. 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 D ZA22-0057 Page 2 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. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: 1. There is an existing 15’ utility easement along the southern property line for the sanitary sewer line. Please shown and label the easement. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments. ============= The following should be informational comments only ==================== * All plats filed must have an original signed and stamped Tax Certificate submitted with it from each taxing unit with jurisdiction of the real property, indicating that no delinquent taxes are owed and that taxes for the current year have been paid. After September 1st, a certificate showing that the taxes for that year are paid, but that the taxes for the upcoming year have yet to be calculated is required. (House Bills 1563 & 3101). A copy of this information may be obtained from the Tarrant County Tax Assessor/Collector’s Office located at 100 E. Weatherford St. in Ft. Case No. Attachment D ZA22-0057 Page 3 Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector’s office at 817-212-6847. * This plat will result in a lot size of less than 1 acre in an area not serviced by sewer. Prior to filing of the plat, the applicant must obtain a variance from the Zoning Board of Adjustment to allow a septic system on this lot. * Prior to approval of a final plat, the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the number of lots may be required to be reduced in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. * Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy with original signatures. * Original signatures and seals will be required on one blackline mylar and one blackline paper copy prior to filing the plat. The mylar and paper copies will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Lien Holder Acknowledgment STATE OF _______________________ COUNTY OF______________________ Whereas _________________________________acting by and through the undersigned, its duly authorized agent, is (are) the lien holder(s) of the property described hereon, does (do) hereby ratify all dedications and provisions of this plat as shown. _________________________________________________________ STATE OF ______________________________ COUNTY OF ____________________________ BEFORE ME, the undersigned authority, on this day personally appeared _________________________________________known to me to be the person(s) whose name(s) is(are) subscribed to the above and foregoing instrument, and acknowledged to me that (he/she/they) executed the same for the purposes and consideration expressed and in the capacity therein stated and as the act and deed of said ___________________________________ GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 20 . Seal Notary Public Commission expires: * Denotes Informational Comment Case No. Attachment D ZA22-0057 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent within Subdivision: Seven (7) Notices only required to be sent to properties within the Huntwick Estates subdivision and within 200 ft. of the subject property. Responses Received: None (0) SPO # Owner Zoning Physical Address Acreage Response 1 TATE, STACY B SF1-A 702 HARTY CT 0.49 NR 2 PETTY, ROBERT L SF1-A 802 VICTORIA LN 1.42 NR 3 HAITZ, TIMOTHY SF1-A 705 HARTY CT 0.93 NR 4 PATEL, KETANKUMAR SF1-A 740 E DOVE RD 1.20 NR 5 DUNLAP FAMILY TRUST SF1-A 800 VICTORIA LN 1.17 NR 6 RADCLIFF, ZACK D SF1-A 780 E DOVE RD 0.81 NR 7 SUPT OF CARROLL ISD NR 8 SHARMA, HIMANSHU SF1-A 703 HARTY CT 1.02 NR Case No. Attachment D ZA22-0057 Page 5 RESPONSES RECEIVED No responses have been received to date