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Item 4N Department of Planning & Development Services S T A F F R E P O R T June 10, 2009 CASE NO: ZA09-015 PROJECT: Plat Revision for Lots 7R1 & 7R2, Simmons Forest Addition REQUEST: Plat Revision for Lots 7R1 and 7R2, Simmons Forest Addition, being a revision of Lot 7, Simmons Forest Addition and being located at 809 and 811 Simmons Court. The purpose of the plat revision is to divide a single residential lot of approximately 2.2 acres into two residential lots. Once subdivided, both lots will be greater than one acre in size. A house currently exists on the north lot (7R1). The south lot (7R2) is undeveloped. Any development on this lot will require an approved floodplain development permit. VARIANCE REQUESTED: Subdivision Ordinance No. 483, Section 5.06(B)2 requires sidewalks on both sides of all public and private streets in residential subdivisions platted or replatted after the effective date of the ordinance. The applicant is requesting a variance to the requirement due to the fact that the other lots in the subdivision do not have sidewalks and the existing lots are not likely to be replatted and therefore be required to install sidewalks in the future. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of a plat revision ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation RevisedPlat Review Summary No. 2, dated June 8, 2009 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817)748-8602 Case No. ZA09-015 BACKGROUND INFORMATION OWNER/APPLICANT: Nanette Lockhart PROPERTY SITUATION: 809 and 811 Simmons Court LEGAL DESCRIPTION: Lot 7, Simmons Forest Addition LAND USE CATEGORY: Low Density Residential and 100-year Floodplain CURRENT ZONING: “SF1-A” – Single Family Residential District HISTORY: -A final plat containing two lots was approved and filed January, 1985. -SF1-A zoning was placed on the property in September, 1989. -A preliminary plat for Simmons Forest was approved on August 1, 2000. -A plat vacation (ZA00-123) was approved January 2, 2001. -A final plat for Simmons Forest Addition was approved December 7, 2000. -A variance extending the validity of the final plat (ZA00-122) was approved February 19, 2002 and the final plat was filed February 22, 2002. -A plat revision (ZA02-028) for Lots 7R1 and 7R2 was approved May 7, 2002. The plat was never filed and it has since expired. TREE CONSERVATION PLAN: Close to 100% of proposed Lot 7R2 has existing tree cover, so 30% of the existing tree cover must be preserved. A tree conservation plan will be required to prior to the issuance of a building permit. PATHWAYS MASTER PLAN: No sidewalks exist on this property or in the subdivision. The applicant has requested a variance to the four foot or greater sidewalks that are required in residential subdivisions platted or replatted after the effective date of Subdivision Ordinance 483, Section 5.06(B)2 . WATER & SEWER: The proposed lots are serviced by an 8” water line along the west side of Simmons Court and a 6” sewer line along the east side of Simmons Court. DRAINAGE ANALYSIS: The property drains to the creek that runs along the east side of the property. P&Z ACTION: June 4, 2009; Approved (5-1), granting the variance to the Subdivision Ordinance No. 483 requirement for sidewalks and subject to Plat Review Summary No. 2 dated May 27, 2009. STAFF COMMENTS: A plat revision proposingthesame lot boundaries was approved by City Council May 7, 2002. The plat was never filed and it has expired. Attached is Revised Plat Review Summary No. 2, dated June 8, 2009. Case No. Attachment A ZA09-015 Page 1 Case No. Attachment B ZA09-015 Page 1 Plat Revision Case No. Attachment C ZA09-015 Page 1 Variance Request Letter Case No. Attachment C ZA09-015 Page 2 REVISED PLAT REVIEW SUMMARY ZA09-015Two06/8/09 Case No.: Review No.: Date of Review: Plat Revision for Lots 7R1 & 7R2, Simmons Forest Addition Project Name: APPLICANT: Nanette Lockhart SURVEYOR/ENGINEER: Miller Surveying Steve Miller 811 Simmons Ct. 430 Mid-Cities Blvd. Southlake, TX 76092 Hurst, TX 76054 Phone: (817) 307-7878 Phone: (817) 577-1052 Email: nanlockhart@verizon.net Fax: (817) 577-0972 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/18/09 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 RICHARD SCHELL AT (817) 748-8602. 1. Add separate signing blocks and notary acknowledgments if it is likely for separate owners to sign at separate times. 2. 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. All sidewalks shall be at least four feet wide or in conformance with the Trail System Master Plan, whichever is greater, and shall be located between the curb or grade line of the public street and the ROW line or public access easement if The applicant has approved by the city, no closer than two (2) feet to the curb or grade line. submitted a variance request letter. 3. Close to 100% of proposed Lot 7R2 has existing tree cover, so 30% of the existing tree cover must be preserved. A tree conservation plan will be required to prior to issuance of a building permit. Public Works Comments Michael James, P.E., CFM Civil Engineer (817) 748-8101 mjames@ci.southlake.tx.us GENERAL COMMENTS: * Provide preliminary drainage and grading plans for this development. DRAINAGE COMMENTS: * Submit a preliminary drainage plan. * Provide a grading plan which includes drainage arrows and 2’ contours. Contours may be obtained from the City of Southlake. * Development of this property will require an approved floodplain development permit. Contact Michael James, P.E., CFM (817-748-8101) to apply for a floodplain permit. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Case No. Attachment D ZA09-015 Page 1 *A ROW permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City’s sewer, water or storm sewer system. *A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. *Any hazardous waste being discharged must be pretreated Ordinance No. 836. *This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. The following should be informational comments only ============= =================== * A “Certificate of Taxes Paid” indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. 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) 884-1103. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. blackline * Original signatures and seals will be required on two mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: Case No. Attachment D ZA09-015 Page 2 Surrounding Property Owners 809 and 811 Simmons Court SPO# Owner Name Zoning Land Use Acreage Response 1 Depue, James E & Nancy W SF1-A Low Density Residential 1.15 NR 2 Peryea, Martin A SF1-A Low Density Residential 1.35 NR 3 Carpenter, Jay Leslie SF1-A Low Density Residential 1.05 NR 4 Johnson, Susan S Etvir Steven SF1-A Low Density Residential 1.02 F 5 Wald, John P Etux Karen SF1-A Low Density Residential 1.16 NR Low Density Residential, 100- 6 Dunn, David & Elizabeth SF1-A 3.68 F Year Flood Plain 7 Whittenberry, J D Etux Carrie SF1-A Low Density Residential 1.03 NR 8 Klavon, K L SF1-A Low Density Residential 1.09 NR Low Density Residential, 100- 9 Lockhart, Nanette S SF1-A 1.19 F Year Flood Plain 10 Simmons, John W SF1-A Low Density Residential 1.00 F Low Density Residential, 100- 11 Unzen, C J SF1-A 1.47 NR Year Flood Plain 12 Marcontell, Donald V Sr Etux C SF1-A Low Density Residential 1.02 NR 13 Hartung, Lynn E SF1-A Low Density Residential 1.10 NR 14 Cantrell, Gary Etux Cheryl SF1-A Low Density Residential 1.06 NR 15 Marcontell, Donald SF1-A Low Density Residential 1.07 NR 16 Simmons, John W Etux Bettie J SF1-A Low Density Residential 1.75 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Surrounding Property Owner Responses 809 and 811 Simmons Court Notices Sent: Sixteen (16) Case No. Attachment E ZA09-015 Page 1 Responses Received: Five (5) Case No. Attachment F ZA09-015 Page 2 Case No. Attachment F ZA09-015 Page 2 Case No. Attachment F ZA09-015 Page 3 Case No. Attachment F ZA09-015 Page 4 Case No. Attachment F ZA09-015 Page 5