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Item 6D Department of Planning & Development Services S T A F F R E P O R T January 28, 2009 CASE NO: ZA08-096 PROJECT: Plat Revision - Lots 9R1 and 9R2 J.G. Allen No. 18 Addition REQUEST: The purpose of this request is to subdivide the existing one lot site such that each of the two existing principal buildings are on an individual lot. With the subdivision of any property, current regulations require that sidewalks/trails be provided along street frontages and where identified on the master pathways plan. The applicant requests a variance to the 6’ trail required along S. Pearson Lane. A variance request and justification letter for relief from the sidewalk is attached. The applicant has indicated to staff that if a variance cannot be granted they would like to discuss other options including partial construction, deferral and/or escrowing funds for the estimated construction cost. ACTION NEEDED: 1) Consider approval of the proposed plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Review Summary No. 2 dated December 26, 2008. (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 08-096 BACKGROUND INFORMATION OWNER/APPLICANT: Snow Family Trust No 2 PROPERTY SITUATION: The property is located at 401 and 407 S. Pearson Lane. This is and existing multi use sports school and after school care facility with two buildings totaling approximately 17,300 square feet. LEGAL DESCRIPTION: Lot 9 J.G. Allen No 18 Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-1” detailed site plan district REQUESTED ZONING: “S-P-1” detailed site plan district HISTORY: - “B-1” business district and “AG” agricultural district zoning was approved with the adoption of Ordinance No. 480 in September of 1989; - Zoning and Site Plan was approved for “S-P-1” detailed site plan district allowing gymnastics, swimming, diving, dance and martial arts instruction, archery range, after school care, summer camp programs, pro-shop and other related businesses. TRANSPORTATION ASSESSMENT: This proposal will provide no change to the existing conditions. STRATEGIC LINK/ Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying land use designation is mixed use. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. Mobility Recommendations Master Plan Pathways Plan shows a 6’ planned sidewalk is required along the frontage of S. Pearson Lane. S. Pearson Lane is designated as a two lane undivided collector street within a 70’ right-of-way. WATER & SEWER: City water service is provided. There is no City sewer service available. The property is served by two on-site sewer sanitary sewer facilities, one for each building. DRAINAGE ANALYSIS: The site sheets flows from east to west into the S. Pearson Lane borrow ditch. TREE PRESERVATION: There are no physical changes proposed to the site. There will be no impact on Case No. Attachment A ZA 08-096 Page 1 existing tree cover and plant material. P&Z ACTION: January 8, 2009; Approved (6-0) requiring the applicant be in compliance with the sidewalk regulations before the plat in recorded; and subject to Review Summary No. 2, dated December 26, 2008. STAFF COMMENTS: Attached is Plat Review Summary No. 2 dated December 26, 2008. Case No. Attachment A ZA 08-096 Page 2 Case No. Attachment B ZA 08-096 Page 1 Link to PowerPoint Presentation Plat Revision Case No. Attachment C ZA 08-096 Page 1 Case No. Attachment C ZA 08-096 Page 2 PLAT REVIEW SUMMARY ZA08-096Two12/26/08 Case No.: Review No.: Date of Review: Plat Revision – Lots 9R1 & 9R2 J.G. Allen No. 18 Addition Project Name: APPLICANT: SURVEYOR/ENGINEER: Debbie Snow Tri-Tech DFW – Allen Brewster Phone: (817) 431-9771 Phone: (817) 442-5511 Fax: Fax: (817) 416-9198 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/26/08 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 CLAYTON COMSTOCK AT (817) 748-8269. 1. Revise the title block as follows:Change the lot number in the title to Lots 9R1 and 9R2 and correct the spelling for “recorded.”. 2. The following changes are needed in the owner’s dedication and notary: a. The preamble should be “Whereas the Snow Family Trust No. 2, acting by and through the undersigned duly authorized agent, is the owner of Lot 9, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in….” b. The dedication statements should be “That the Snow Family Trust No. 2, acting by and through the undersigned duly authorized agents do hereby adopth this plat…”. Only one dedication statement will be needed in this form with a separate signature and notary for each executing agent. c. The executing party should be identified below the signature line as “Michael E. Waters -Trustee, Snow Family Trust No. 2” not the owner. Same for David L. Waters. 3. All subdivisions and lots must comply with the underlying zoning district regulations of the property. The plat as proposed does not meet the regulations of the current underlying S-P- 1 zoning district. Approval of this plat is subject to receiving approval of an appropriate change of zoning. 4. The following changes are needed with regard to easements: a. Provide preliminary water, (sewer if feasible) and drainage plans. b. Provide common access easements in accordance with the approved Concept Plan or Site Plan. (No. 483-3.07-E) Case No. Attachment D ZA 08-096 Page 1 c. A minimum 6’ wide multi-use trail is required along the frontage of Pearson Lane as part of this subdivision. If the trail cannot fit within the ROW a pedestrian access (Variance easement will be required for any portion extending into the lot boundary. requested) * Following any approval received from P & Z and City Council and prior to filing the plat in the County Plat Records the following must be addressed: * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Each lot must have individual utility services extending from the public line. Additional easements for water, (sewer if provided), drainage and franchise utilities may be required upon review of utility plans. * 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. blackline * Original signatures and seals will be required three 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. * 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. * All development must comply with the drainage ordinance No 605 and the erosion and sediment control ordinance No. 946, as they are amended. * Denotes Informational Comment Case No. Attachment D ZA 08-096 Page 2 Surrounding Property Owners SPO # Owner Zoning Land Use Acreage Response 1. Public Park/Open Space, Mixed Use, Medium NR Snow Family Trust No 2 SP1 Density Residential 2.85 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment E ZA 08-096 Page 1 Surrounding Property Owner Responses Notices Sent: One (1) Responses Received: None (0) Case No. Attachment F ZA 08-096 Page 1