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Item 4D - MemoSOUTHLAK,E PLANNING & DEVELOPMENT SERVICES STAFF REPORT August 13, 2024 CASE NO: ZA24-0034 PROJECT: Plat Revision for Lot 13R1 and Lot 13R2, Block 3R, Cimmarron Acres — Tommy's Express Carwash EXECUTIVE SUMMARY: Tanner Brandt with Christianson Companies, on behalf of David Hopkins, is requesting approval of a Plat Revision for Lot 13, Block 3R, Cimmarron Acres Addition, City of Southlake, Tarrant County, Texas, and located at 101 N. Pearson Ln., Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. SPIN District #11 DETAILS: The purpose of this request is approval of a plat revision to subdivide Lot 13 into two separate lots for the development of Tommy's Express Carwash and a future retail pad site in conformance with the approved "S-P-2" Generalized Site Plan District zoning. ACTION NEEDED: Consider the Plat Revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Revision Review Summary No. 2 dated August 2, 2024. (D) Surrounding Property Owners Map & Responses STAFF CONTACT: Presentation Plans Dennis Killough (817) 748-8072 Morgan Barclay (817) 748-8127 Case No. ZA24-0034 BACKGROUND INFORMATION APPLICANT: Tanner Brandt, Christianson Companies OWNER: David Hopkins PROPERTY SITUATION: 101 N Pearson Ln. LEGAL DESCRIPTION: Lot 13, Block 3R, Cimmarron Acres Addition, City of Southlake, Tarrant County, Texas. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: HISTORY: The properties were annexed by Ordinance No. 297 in 1984. In July 1984, the City Council approved the final plat for Cimmarron Acres Addition with Light and Heavy Commercial District while in the ETJ. The subject property was annexed into the City of Southlake in August 1984 per Ordinance 297. "C-2" Zoning was placed on the lots with frontage on W. Southlake Blvd by adoption of the Zoning Ordinance No 480 on September 19, 1989. On October 15, 1996, the City Council approved a plat revision of Lots 5 & 6. In May 2005, the City Council approved a plat revision involving Lots 5R1- 5R5, 6R1 & 6R2, Block 3. In July 2005, the Plat Revision for Lots 7-13, Block 3R of the Cimarron Acres Addition was approved by the City Council. Lot 6R2, Block 3 was replatted to Lot 13, Block 3R. In October 2005, the City Council approved a concept plan for a proposed one-story, approximately 18,000 square -foot retail building. (ZA05-104) A Zoning Change and Site Plan (ZA23-0073) was approved on April 16, 2024. (Ord. No. 480-812) SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Retail Commercial. Purpose and Definition: The Retail Commercial category is a lower- to medium -intensity commercial category providing neighborhood -type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned Case No. Attachment A ZA24-0034 Page 1 developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office -related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed. Pathways Master Plan & Sidewalk Plan The pathways plan calls for a <8 sidewalk along the Pearson Lane portion of the property. An existing >8' multi -use trail exists along the W. Southlake Boulevard frontage. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property is located at the northeast corner of N. Pearson Ln. and W. Southlake Blvd. • Pearson Lane is a 3-lane undivided roadway with 70' of right of way. • Southlake Blvd. is a 6-lane divided roadway with 130'-140' of right of way. PLANNING AND ZONING COMMISSION: August 8, 2024, APPROVED (5-0) subject to the Staff Report dated August 2, 2024, and Plat Revision Review Summary No. 2 dated August 2, 2024. STAFF COMMENTS: Attached is Plat Revision Review Summary No. 2 dated August 2, 2024. Case No. Attachment A ZA24-0034 Page 2 Vicinity Map 101 N. Pearson Ln. -EFL PKWY Ulf SOUTHLAKE BL D 3119 30 � � 3220 3280 n E L4—V4 Plat Revision 0 fi0 .1 fir) 360 = Fe-t Case No. Attachment B ZA24-0034 Page 1 PLAT REVIEW SUMMARY Case No.: ZA24-0034 Review No.: Two Date of Review: 08/02/2024 Project Name: Plat Revision — Lot 13R1 & 13R2, Block 3R Cimmarron Acres Addition APPLICANT: Tanner Brandt Christianson Companies 4609 33rd Ave. S., Suite 400, Fargo, ND 58104 Phone: 701-499-3936 Email: Tanner@ChristiansonCompanies.com SURVEYOR/ENGINEER: Quint Burks Burks Land Surveying 223 CR 1260, Decatur, Tx 76234 Phone: 817-228-5577 Email: BLSurvey98@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/01/24 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 DENNIS KILLOUGH AT (817) 748-8072. The following changes are needed in accordance with the Subdivision Ordinance, as amended, Sections 3.01, 3.03, 4 & 8.01: 1. Provide the name & address for the record owner(s) & developer (if different). 2. The following changes are needed with regard to the legal description: a. Provide the standard owner's certificate with metes and bounds description for a corporate ownership per the Appendices of the Subdivision Ordinance. Provide the current owner(s) deed instrument in the preamble. (See attached) b. The POB must be tied to a survey corner or previously filed subdivision corner. C. For platted properties, the existing lot number(s) can be used for the legal description instead of a metes and bounds description if no boundary dimensions or bearings are changing from the original plat. d. Show and label all property corners as to type and size of monuments and whether found or set, including new lot corners. 3. The following change is needed in the "owner's" dedication and notary: a. Revise the owner's dedication and notary to conform to the standard format as shown in Appendix 1 (Individuals) or 2 (Corporations, partnerships, etc.). (See attached) 4. Add a lienholder statement and signature block with notary to the plat. If there is/are no lienholder(s) then add a statement to this effect. The standard language for these statements is attached. 5. Label the POB on the face of the plat. Case No. Attachment C ZA24-0034 Page 1 6. Show and dimension the adjoining right of ways for W. Southlake Blvd. and N. Pearson Lane. 7. Show location of the City Limit line. South lake/KellerCity limit is along the west ROW of Pearson Lane. 8. Show and label all survey lines. 9. Label the min. finish floor elevation for each lot. 10. Remove all references to Wise County and use standard City of Southlake notes. 11. Add the following notes to the face of the plat: 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 owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision Ordinance. 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: a. Show and label the type, size and deed record of all existing easements on the property. b. Show and label all needed U.E's C. Show and label all needed D+U.E.'s d. Provide easements for water, sewer and/or drainage in compliance with approved construction plans. e. Provide common access easements in accordance with the approved Site Plan. (No. 483-3.07-E) Common Access Easement located on the eastern portion of the property is 30' not 50'. f. Label all access easements as "Common Access Easement" and provide easement centerline or boundary bearings/distances and appropriately tie the easement to lot boundaries. g. Provide dimensional ties along lot lines to all easements. Provide centerline dimensions and bearings on any easements crossing areas if deflections occur. Case No. Attachment C ZA24-0034 Page 2 13. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The approved zoning and site plan requires the construction cost of the 5 ` wide sidewalk along the frontage of N Pearson to provided to the City in escrow. 14. Remove all site improvements from the plat on final copies submitted for check pring and/or recordation in the County. Tree Conservation/Landscape Review 1. Remove Sheet 1.00 Tree Mitigation Plan from the submitted plans. On the plan all trees are proposed to be removed and no trees mitigated. The Tree Removal Plan 1 is the only Tree Conservation Plan that should be submitted. * The proposed existing tree cover preservation does not comply with the existing tree cover preservation requirements of the Tree Preservation Ordinance, but the submitted Tree Removal Plan conforms to the approved Tree Conservation Plan. There is 0.07% of existing tree cover on both properties and a minimum of 70% of existing tree cover would be required to be preserved. A total of 79% is proposed to be removed 21 % 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. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site 0% — 20% 20.1 — 40% 40.1 % - 60% 60.1 % - 80% 80.1 % - 100% Minimum percentage of the existing tree cover to be preserved* 70% 60% 50% 40% 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. Case No. Attachment C ZA24-0034 Page 3 Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA24-0034 Page 4 Public Works/Engineering Review 1. Label all existing easements as such and provide the recording information. 2. The underground detention shall be located within a dedicated drainage easement. 3. The existing plat for Cimmarron Acres shows the common access easement at the east of the site to be a 30' easement, not a 50' easement. 4. The notes provided appear to be for Wise County. 5. Include the following notes: a. All detention structures within the dedicated drainage easement shall be maintained by the property owner. b. Utility Easements shall have no permanent structures, other than fences, as defined in the Subdivision Ordinance. c. Drainage Easements shall have no permanent structures, fences, and/or other obstacles, as defined in the Subdivision Ordinance. Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA24-0034 Page 5 Fire Department Review No comments based on submitted documents. Lorenzo Chavez Fire Inspector Phone: (817) 748-8233 E-mail: Lchavez@ci.southlake.tx.us The following should be informational comments only In accordance with Sections 4.01 and 4.06 of the Subdivision Ordinance No. 483 as amended, a Plat Revision requires consideration by the Planning and Zoning Commission following a public hearing and final consideration by the City Council. This item will be placed on the August 8, 2024 Planning and Zoning Commission agenda to begin at 6:30 PM and the August 20, 2024 City Council agenda to begin at 5:30 PM. Both meetings are to be held in the City Council Chambers of Southlake Town Hall at 1400 Main Street, Southlake, Texas. The owner or authorized representative must be present to represent the item. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, Article/Section 5.06 as amended and the Master Pathways Plan. Sidewalks shall be required on both sides of all public and private streets in all residential subdivisions platted or replatted after the effective date of this ordinance. Each owner/home builder within a residential subdivision platted after the effective date of this ordinance shall construct sidewalks at the time of construction of the house. In those circumstances where a sidewalk would impact the construction of driveways and access walks, the sidewalks shall be constructed before the City's final building inspection. A certificate of occupancy will not be issued until required sidewalks are in place. (If practical difficulties are determined to exist, the estimated cost of construction can be escrowed with the City and included with a future sidewalk installation.) 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. 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. We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required. Please submit a revised pdf "check print" prior to submitting the blackline mylar and paper copy with original signatures. 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 Case No. Attachment C ZA24-0034 Page 6 review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. For Tarrant County filing, original signatures and seals will be required on one blackline paper copy prior to filing the plat. The 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. Case No. Attachment C ZA24-0034 Page 7 APPEND LX 2 Form of Dedication for Corporations, Partnerships, etc. STATE OF TEXAS COUNTY OF WHEREAS, - acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of land situated in the Survey, Abstract , County of , according to the deed recorded in Volume , Page , Deed Records, County, Texas, and more particularly described as follows: Insert legal description here NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, , by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described property as , an addition, to the City of Southlake, County, Texas, and I (we) do hereby dedicate the rights of way, (alleys, parks) and easements shown thereon to the public's use unless otherwise noted. VMNFSS my (our) hand(s) at Southlake, Tarrant County, Texas this the day of , 19 _. Name & Tide Tnx4 STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , of , a corporation (partnership, JV) known to me to be the person(s) whose name(s) is(are) subscribed to the above and'foregoing instrument, and acknowledged to race 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 corporation (partnership, M. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 19 _. Seal Nomry Pub& Commission expires: :hment C ZA24-0034 Page 8 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. Authorized Agent Name Title Lienholder 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 Denotes Informational Comment Case No. ZA24-0034 Notary Public Commission expires: Attachment C Page 9 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Vicinity Map 101 N. Pearson Ln. SI1 2 1 00 1 0 11 3255 13225215 0 W 2 31 .ER PKWY W S UTHLA E BL D 3110 305 $4 220 3280 SPO # Owner Zoning Physical Address Acreage Response 1 SOUTHLAKE, CITY OF SF1-A 3225 JORDAN DR 0.826153803 NR 2 SOUTHLAKE, CITY OF SF1-A 3215 JORDAN DR 0.633944339 NR 3 SOUTHLAKE, CITY OF SF1-A 3255 JORDAN DR 1.049369443 NR 4 SOUTHLAKE, CITY OF SF1-A 3125 JORDAN DR 0.000936653 NR 5 SOUTHLAKE, CITY OF CS 3200 W SOUTHLAKE BLVD 1.253577781 NR 1000 PEARSON 1709 LTD C2 101 N PEARSON LN 2.352428017 U Case No. Attachment D ZA24-0034 Page 1 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Five(5) In accordance with Texas Local Government Code Section 212.015, notices were sent to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll. Responses received within the notification area: None (0) Case No. ZA24-0034 Attachment D Page 2 Responses Received: None as of 8/13/2024 Case No. ZA24-0034 Attachment D Page 3