Item 6F
Department of Planning & Development Services
S T A F F R E P O R T
May 14, 2008
ZA07-133
CASE NO:
Zoning Change and Development Plan for Lake Forest
PROJECT:
REQUEST: On behalf of Marylyn Miles, Four Peaks Development is requesting approval of a
Zoning Change and Development Plan from “AG” Agricultural District to “R-PUD”
Residential Planned Unit Development for the purpose of developing 5 residential lots
and 2 open space lots on approximately 11.253 acres.
Two significant changes have been made since first reading at City Council: (1) the
number of residential lots has decreased from seven to five; and (2) the location of the
subdivision entrance has been moved north of Lot 10, Block 2, Harbor Oaks Addition in
conjunction with cases ZA08-017, ZA08-018, and ZA08-019.
At first reading, City Council requested that the applicant return with the following
information, items, and/or revisions:
Council Request Applicant Response
Plant cedars in the 15-foot landscape area
No change to the development plan
along the entrance road and on the west
has been shown
side of the Fredericks property;
Consider fence structures and Revised fencing options have been
presentation of various options; provided.
Provide Council with vertical footprint No building footprint calculations /
representations of various structures; representations have been provided
The revised Development Plan shows
Review and consider the number of lots
the reduction of 2 lots and the
and configuration of road and entrance
placement of the subdivision entrance
into the property. Recommendation to
to the north of Lot 10, Block 2, Harbor
move road to north of Housmans lot.
Oaks Addition
Site Data Summary
Case No.
ZA07-133
Previous Plan Revised Plan
Existing Zoning
AG AG
Proposed Zoning
R-PUD R-PUD
Land Use Designation
Low Density Residential Low Density Residential
Gross Acreage
11.253 Ac. 11.253 Ac.
Net Acreage
10.653 Ac. 10.743 Ac.
Area of Open Space
3.46 Ac. (30.79%) 3.21 Ac. (28.56%)
Number of Res. Lots
7 5
Gross Density
0.62 du/ac 0.44 du/ac
Net Density
0.65 du/ac 0.47 du/ac
Minimum Res. Lot Size
46,840 sq. ft. (1.08 ac) 49,677 sq. ft. (1.14 ac)
Largest Res. Lot Size
75,231 sq. ft. (1.73 ac) 87,171 sq. ft. (2.00 ac)
Average Res. Lot Size
57,159 sq. ft. (1.31 ac) 79,652 sq. ft. (1.83 ac)
The R-PUD zoning will follow the uses and regulations of the “SF-1A” Single Family
Residential District and the City of Southlake Subdivision regulations with the following
exceptions:
Maximum Number of Residential Lots = Five (5)
Minimum Lot Area = 43,560 square feet
Front Yard Setback = Twenty-five feet (25’); except Lots 4 & 5 = 50’
Rear Yard Setback = Forty feet (40’)
Side Yard Setback = Fifteen feet (15’); except Lot 1 = 20’
Maximum Lot Coverage = Thirty percent (30%); Maximum building area coverage
for all vertical improvements:
Single Story = 10,000 sq. ft
o
Two Story = 8,000 sq ft
o
Detached Garage(s) = 750 sq ft
o
Cabanas & Summer Kitchens = 500 sq ft
o
Minimum Enclosed Air Conditioned Space = 4,000 square feet
Maximum Building Height: No building or structure on any Lot shall exceed twenty-
eight feet (28’) in height, such height to be measured and determined in
accordance with the customary method being at the midpoint of the highest sloping
roof above. Each structure shall have a minimum principle plate height of ten feet
(10’) on the first floor, and a minimum plate height of nine feet (9’) on garages,
unless for a special approved design consideration. All first floor exterior doors
shall be at least eight feet (8’) in the main living areas.
Section 8.01D of Subdivision Ordinance No. 483, as amended, regarding side lot
lines being perpendicular to the right of way lines or radial in the case of cul de sac
or curvilinear design shall not apply to this Residential Planned Unit Development.
Section 5.06B of Subdivision Ordinance No. 483, as amended, regarding the
placement of sidewalks on both sides of all public and private streets in all
residential subdivisions shall not apply to this Residential Planned Unit
Development.
Section 5.02A of Subdivision Ordinance No. 483, as amended, regarding street
right-of-way width shall not apply to this Residential Planned Unit Development.
The required street right-of-way width shall instead be thirty-one feet (31’).
1. Conduct a public hearing
ACTION NEEDED:
Case No.
ZA07-133
2. Consider second reading for zoning change and development plan
approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
Plans and Support Information
(C) (Link to PowerPoint Presentation)
(D) Development Plan Review Summary No. 5, May 14, 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.
ZA07-133
BACKGROUND INFORMATION
OWNER: Marylyn Miles
APPLICANT: Four Peaks Development
PROPERTY SITUATION: The property is located behind the 2900 block of Burney Lane; physically
addressed as 3185 Southlake Park Dr.
LEGAL DESCRIPTION: Tract 5, R.D. Price Survey, Abstract No. 1207
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District
HISTORY: There is no development history on this property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan does not make any recommendations for
roadways adjacent to the proposed subdivision.
Existing Area Road Network and Conditions
The proposed subdivision will have access onto Burney Lane.
Currently, Burney Lane is a 2-lane, undivided residential roadway. The
capacity of the existing roadways is approximately 8,400 vehicle trips per day.
Under this condition, the roadways would be considered to operate under a
level of service ‘D’. This development is notexpected to warrant expansion of
the existing roadway network. No plans for improvement in the near future
have been made for Burney Lane.
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 7 67 1 4 4 3
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Burney Lane.
PATHWAYS MASTER
PLAN: As part of the proposed R-PUD Development regulations, no sidewalks will be
required along the proposed cul-de-sac. The applicant has provided a 5’
sidewalk along the neighborhood entry drive that provides pedestrian access to
the Lower Walnut Grove Trail (Trail Segment # 6 of the Master Pathways
Plan), a network of variable-width natural equestrian/hiking trails along Lake
Grapevine. The applicant is proposing to develop the sidewalk in lieu of the
normally required park fees ($1,500 per lot).
Case No. Attachment A
ZA07-133 Page 1
WATER & SEWER: An 8-inch water line exists along the east side of Burney Lane. No sanitary
sewer lines are located within close proximity to the site. The applicant is
proposing to use private septic systems and a waiver to the “dry pipe”
installation requirement.
DRAINAGE COMMENTS: The development will generally drain west toward the Corps of Engineers
property.
TREE PRESERVATION: The site is heavily wooded with typical Cross Timber type vegetation of
numerous Post Oaks and associated understory vegetation. Other trees that
may be existing on the site include Black Hickory, Cedar Elm, Black Jack Oak,
Ash and American Elm which would be closer to the floodplain area of the site.
Attached is an analysis of the site performed by Urban Forestry Consultants.
SOUTHLAKE 2025: Environment Resource Recommendations
Protect and enhance critical environmental and natural features, with
particular emphasis on trees and floodplains. Allow floodplains, wetlands,
and streams to remain in a natural state and preserve a tree buffer around
The Environmental Resource Protection Map specifically
these features.
identifies most of the site as a priority area for protection. Building pads
should be located to maximize tree preservation and to avoid the
floodplain
.
P&Z ACTION: January 17, 2008; Approved (5-2) Development Plan Review Summary No.
3, dated January 11, 2008 and subject to the staff report dated January 11,
2008, and subject to the following:
Subject to the applicant’s PowerPoint presentation and all other
materials presented;
Noting the applicant’s willingness to mitigate the front of the
O’Connor property with trees to help buffer headlights;
Shifting the entry driveway as far north on the property as possible;
Narrowing the entry driveway to 24 feet of driving surface, allowing
for a transition to 31 feet to meet the proposed street, and subject to
Fire Marshal’s approval for access;
And, requiring the sidewalk on the south side of the drive.
COUNCIL ACTION: February 5, 2008; Approved first reading (6-0) subject to Development Review
Summary No. 4, dated January 30, 2008;
incorporating the applicant’s presentation and regulations as set out;
subject to the recommendations of the Planning and Zoning Commission;
moving the trail to the north side of the entrance road;
constructing said trail with crushed granite;
increasing the landscape area between the Fredericks property and the
entrance road to 15 feet;
applicant’s commitment to plant cedars in the 15-foot landscape area along
the entrance road and on the west side of the Fredericks property subject
to the approval of the Fredericks;
applicant considering fence structures and presentation of various options;
applicant reviewing and considering number of lots and configuration of
road and entrance into the property;
and, applicant reviewing vertical footprint of various structures and
providing Council with an understanding of what the requirements would be
for those.
Case No. Attachment A
ZA07-133 Page 2
nd
February 19, 2008; Approved to table 2 reading until March 4, 2008.
nd
March 4, 2008; Approved to table 2 reading until May 6, 2008.
nd
May 6, 2008; Approved to table 2 reading until May 20, 2008.
STAFF COMMENTS: A letter from David Jefferson, Registered Sanitarian and Environmental Health
Manager for the Tarrant County Public Health Department, regarding the
feasibility of on-site septic systems has been provided by the applicant (see
Attachment C).
Attached is Development Review Summary No. 5, dated May 14, 2008.
N:\Community Development\MEMO\2007cases\07-133ZDP.doc
Case No. Attachment A
ZA07-133 Page 3
Case No. Attachment B
ZA07-133 Page 1
Link to PowerPoint Presentation
Case No. Attachment C
ZA07-133 Page 1
PREVIOUS DEVELOPMENT PLAN / PRELIMINARY PLAT (7 LOTS)
Case No. Attachment C
ZA07-133 Page 2
REVISED DEVELOPMENT PLAN / PRELIMINARY PLAT (5 LOTS)
Case No. Attachment C
ZA07-133 Page 3
ZONING PROPOSAL FOR:
LAKE FOREST
AN “R-PUD” PLANNED UNIT DEVELOPMENT
Lake Forest is a proposed single family residential lot development containing five (5) exclusive, custom lots on
11.253 acres, a density of .44 units per acre. The property is located adjacent on the west of the existing Harbor
Oaks subdivision and to the north of the existing Huse Homeplace subdivision. The property is surrounded on three
sides by existing residential lots zoned SF 1-A with lot sizes ranging from one acre to a three acre lot in Huse
Homeplace. The west side of the subject property is bounded by the United States Army Corps of Engineers land
which surrounds Grapevine Lake.
The property is an irregular shape with a smaller 1+ acre triangular tract at the north end of the property and a larger
southern tract having, generally, a square configuration. Separating the north and south tracts is a section of the
Corps property which picks up storm water drainage from the existing Harbor Oaks subdivision to the east, and
carries that water to Grapevine Lake. The northern tract will be developed as a single lot, the larger southern tract
will be developed into four (4) lots.
Currently the subject property has no public access. To overcome this problem, a public access conveyance will be
made to the City by the owner of 2970 Burney Lane, being lot 10, block 2, Harbor Oaks Addition. Within this
conveyed area a public road providing access to the subject property from Burney Lane and a City water line to
service the new subdivision will be constructed. When the public road enters the subject property the roadway will
be built upon a public dedicated right of way. The roadway will be built to City standards by this development and
will be owned and maintained by the City of Southlake as any other public road within the City.
This project is being developed by Four Peaks Development, Inc. with the assistance of its land planner, Mesa Design
Group and its civil engineering consultant, Hamilton Duffy.
The development calls for a single point of ingress and egress off of Burney Lane along the north and west sides of
the before mentioned Lot 10, Block 2 of Harbor Oaks Estates. Upon entering the subject property, the road will
cross the narrow neck separating the north tract from the southern tract of the property. There will be a single lot
developed on the north tract. All of the lots with the southern tract will be constructed on the west side of this new
road and back to the Corps of Engineers land.
The development plan calls for a thirty foot (30’) access through lot 10 of Block 2, Harbor Oaks Addition, and a
thirty-one foot (31’) right of way within the development. The grantor of the easement has agreed to dedicate
additional right of way at the Burney Road entry to accommodate appropriate signage for the subdivision if so
needed. A full width roadway of thirty one feet (31’), back of curb to back of curb will be built within this project,
south of the bridge crossing from Lot 1. A thirty-one foot (31’) right of way will be dedicated to accommodate this
roadway. By having a more narrow right of way the lots will be larger, and, it is hoped, there will be fewer trees
removed from the site. A ten foot (10’) utility easement will be dedicated on both sides of the roadway within the
subdivision to support the installation of public and private utilities.
To satisfy the open space requirement of a PUD and to address the environmental sensitivity of the adjacent Corps of
Engineers property and to preserve the more healthy tree mass within the property, the required open space called for
in the PUD ordinance, ten percent (10%), will be a dedicated lot on the west side of the development being the
63,636 square foot lot number 6. This open space represents 12.93% of the gross land area of the development.
This Lot 6 shall be a totally protected area on which no fences may be erected and no trees or underbrush may be
removed without the approval of the City’s Landscape Administrator. Access from each individual lot into this area
Case No. Attachment C
ZA07-133 Page 4
and then onto the Corps of Engineers property is permitted. Additionally, all areas located in the Corps of Engineers
Flowage Easement to Grapevine Lake, except for lot 4, and all property boundaries on the perimeter of the project,
for a depth of twenty feet (20’), will be a designated as private Tree Conservation Area. Because there is a large
portion of Lot 4 impacted by the Grapevine Lake Flowage Easement, the Tree Conservation Area for this lot shall be
all areas within the flood plain and/or an additional twenty feet east of the PUD Open Space lot. Though the Tree
Conservation Area lies within the privately owned lots, no tree in excess of six inches (6”) in diameter may be
removed within the Tree Conservation Area by a property owner without the written approval of the City of
Southlake Landscape Administrator unless so required to establish proper drainage.
The developer recognizes the rural nature of this property and the fact that a number of deer reside in the Lake
Grapevine Corps of Engineers property and City of Southlake Park areas. The developer also recognizes there may
be wildlife in the area that is undesirable when mixed with single family residences such as coyote, skunks, etc. As
part of the development restrictions for this project, no fencing of any kind shall be installed within the PUD Open
Space. All fencing within the subdivision, whether front, side or rear fencing shall be an open style fencing, except for
front elevations as noted below. All open-style fencing within the subdivision shall be constructed of a decorative
metal material of a single, uniform design except stone or brick columns may be constructed at intermittent locations
along the fence line at the discretion of the property owners. Solid masonry fencing may be permitted on the front
elevation of the houses linking to the side property lines if such fencing is of the same material as the house and is an
integral architectural component of the house.
In order to give more flexibility to the placement of houses on each lot and to encourage a more intimate setting
within this small enclave of homes, The PUD restrictions call for front yard setbacks to be a minimum of twenty-five
(25’). Rear yards shall be a minimum forty feet (40’).
There are no city owned sanitary sewer facilities located in this section of Southlake and per conversations with the
planning, engineering and public works departments within the City of Southlake, there are no plans for any such
facilities. Due to this fact, a waiver is requested calling for the installation of a “dry pipe” sewer system. It is the
contention of the developer that by the time, if ever, city sewer service is brought to this area of the City, the unused
“dry pipes” would be deteriorated and unusable, requiring the pipe to be abandoned and new pipe installed. This
same waiver was requested and granted with the development of the Huse Homeplace subdivision. The developer
has consulted with Mr. David Jefferson, Environmental Health Manager for the Tarrant County Public Health
Department regarding the acceptability of this project and the development of seven (7) lots. A “site evaluation” has
also been made on the property by James M. Sims, P.E. a licensed site evaluation specialist. Mr. Sims’ report,
attached hereto, was submitted to Mr. Jefferson for his evaluation. Mr. Jefferson’s subsequent letter is also attached
hereto. It has been concluded by Mr. Sims and Mr. Jefferson that standard septic systems will not be appropriate for
this site. Mr. Sims’ report states: “System requirements for sites having insufficient Suitable soil depth, Un-Suitable
Soil (each of the lots in this study) and/0r groundwater intrusion (generally a seasonal phenomenon) will most likely
Evapo-Transpiratory (ET)
be required to utilize either Standard On-Site Sewage Facility (OSSF) or an approved
Mound, Low Pressure Dose or Surface Application
Alternate OSSF (commonly, ). Sites which exhibit a shallow
rock stratum (each of the lots in this study), may be required to have a five foot deep test pit dug before a system type
will be specified. The five–foot test pit will also be inspected for groundwater intrusion (a seasonal phenomenon). In
cases where the five-foot pit cannot be dug, i.e., a restrictive layer or where groundwater is encountered, an
Alternate type system may also be required. As before, it should be noted that each of the lots investigated in this
study fall in these categories.” The developer recognizes that all lots must be permitted by the Tarrant County
Public Health Department for the utilization of individual private waste water treatment systems. Moving this project
from seven (7) lots to five (5) lots will, obviously, only enhance the viability of utilizing an OSSF system.
There are no sidewalks within any nearby subdivisions including Harbor Oaks, Huse Homeplace or Carmel Bay. To
be consistent with the rural environment of this area and to preserve existing trees, a waiver of the sidewalk
requirement is requested.
Case No. Attachment C
ZA07-133 Page 5
This Residential Planned Unit Development (“R-PUD”) shall abide by all the conditions of the City of Southlake
Comprehensive zoning Ordinance No. 480, as amended, as it pertains to the “SF-1-A” single family residential
zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, except with the variances as
noted herein.
Permitted Uses:
This property shall be limited to the permitted uses as found in the “SF-1A” Single Family Residential District as
described in Section 11 of the Comprehensive Zoning Ordinance No. 480, as amended and for model homes used for
sales and promotions
Development Regulations:
This property shall be subject to the development regulations for the “SF-1A” Single Family Residential District, and
all other applicable regulations except with the details or variances as noted herein and within the Covenants
Conditions and Restrictions for Lake Forest Addition, a copy of which has been provided to the City.
Summary:
Maximum Number of Lots: 5
Minimum Lot Area: 43,560 square feet
Front Yard Setback: Twenty-five feet (25’)
Rear Yard Setback: Forty feet (40’) except lot 7 shall be twenty-five feet (25’)
Side Yard Setback: Fifteen feet (15’)
Maximum Lot Coverage: Thirty percent (30%),
Building Area; Maximum Coverage of vertical improvements
a.Single story – 10,000 sq. ft.
b.Two story – 8,000 sq. ft.
c.detached garages – 750 sq. ft.
d.Cabanas and summer kitchens – 500 sq. ft.
Minimum Enclosed AC Space: 4,000 square feet
No building or structure on any Lot shall exceed twenty-eight feet (28’) in
Maximum Building Height:
height, such height to be measured and determined in accordance with the
customary method being at the of the highest sloping roof above.
midpoint
Each structure shall have a minimum principle plate height of ten (10) feet
on the first floor, and a minimum plate height of nine (9) feet on garages,
unless for a special approved design consideration. All first floor exterior
doors shall be at least eight (8) feet in the main living areas.
Section 8.01D of the Subdivision Ordinance No. 483, as amended, regarding side lot lines being perpendicular to
the right of way lines or radial in the case of cul de sac or curvilinear design shall
not apply to this Residential Planned Unit Development
Case No. Attachment C
ZA07-133 Page 6
EXAMPLE OF “OPEN FENCING” PERMITED IN LAKE FOREST
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA07-133FIVE05/14/08
Case No.: Review No.: Date of Review:
Development Plan
Project Name: – Lake Forest
APPLICANT: Four Peaks Development ENGINEER: Hamilton Duffy PC
Tom Matthews Keith Hamilton
726 Commerce St, Suite 109 601 Harwood Rd
Southlake, TX 76092 Hurst, TX 76054
Phone: (817) 481-4074 Phone: (817) 268-0408
Fax: Fax: (817) 284-8408
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/12/08 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) 748-8069.
1. Provide an updated Tree Conservation Plan that reflects the development plan as proposed.
2. The following changes are needed with regard to the proposed R-PUD development regulations:
home
a. Under the “Permitted Uses” section, clarify model homes will be used for sales and
promotions.
b. Under the “Development Regulations” section:
i. clarify “Maximum Number of Lots” and “Minimum Lot Area” apply to residential lots
only.
ii. Increase the “Minimum [Residential] Lot Area” to reflect Lot 1 (49,000+ sq ft)
iii. Add “Front Yard Setback” exception for cul-de-sac Lots 4 & 5 (50’ setback)
iv. Remove exception listed in “Rear Yard Setback”
v. Add “Side Yard Setback” exception to Lot 1, as 20’ is represented on the Development
Plan
development regulation
c. Although addressed in the narrative, provide a dismissing any
requirement for pedestrian sidewalks interior to the development, but allowing for the proposed
5’ sidewalk. Staff has reflected this regulation in the introductory remarks of this staff report.
development regulation
d. Although addressed in the narrative, provide a allowing for minimum
street R.O.W. width as shown on the proposed development plan. Staff has reflected this
regulation in the introductory remarks of this staff report.
3. Correct the following discrepancy between the narrative letter and the development plan: width of
Utility Easement (U.E.) adjacent to Right-Of-Way. Letter states 10’ U.E., Plan shows 15’ U.E. Staff
recommends a 10’ U.E.
4. Provide a legend of symbols and hatchings on the development plan with associated notes describing
the intent of the “Tree Conservation Area”
Case No. Attachment D
ZA07-133 Page 1
5. A 1,189 sq ft section of Lot 6 (Open Space Lot) adjacent to Lot 3 is not shown as “Tree Conservation
Area.” Show this as “Tree Conservation Area” and update or remove the “Lot 6 Data Summary”
provided.
6. To simplify the location of the “Tree Conservation Area” on the western boundary of the development,
it is recommended that a single source line be utilized (i.e. building setback, flood plain limits, or COE
flowage easement limits) rather than a combination.
7. The off-site access shown on the development plan does not reflect current conditions. Label area as
“proposed.”
8. The following changes are needed with regard to open space:
a. The plan shows a 20’ conservation area and drainage easement. Trees that are located within
easements are exempt from tree mitigation requirements. Staff is concerned that drainage
improvements will require tree removal conflicting with the intent of the proposed conservation
area.
b. The plan shows a 20’ conservation area overlapping a utility easement on the east and west
sides of the proposed subdivision street. Staff is concerned that utility improvements will
require tree removal conflicting with the intent of the proposed conservation area. Staff
recommends excluding this area from Tree Conservation percentage calculations.
* Accessory buildings are limited to an aggregate total of 600 square feet per lot (refer to Section 30.5)
unless otherwise specified by the proposed development regulations.
INFORMATIONAL COMMENTS
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
* 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.
* A letter of permission from the adjacent property owner(s) on the east must be obtained prior to
issuance of a building permit for the construction of the off-site pavement.
Case No. Attachment D
ZA07-133 Page 2
Surrounding Property Owners
Lake Forest
SPO # Owner Zoning Land Use Acreage
1. Low Density Residential
Stewart, John D Etux Lynda A SF1-A 1.834
2. Low Density Residential
Wilson, John N Etux Thelma SF1-A 2.03
3. Low Density Residential
Fischbach, Bernard V Etux Barb SF1-A 2.096
4. Low Density Residential
Winn, Darin Etux Michele SF1-A 1.949
5. Low Density Residential
Fredricks, Jack M Etux Rose E SF1-A 1.952
6. Low Density Residential
Housmans, Errol V Etux Leslie SF1-A 1.857
7. Low Density Residential
Flora, Ward D Etux Diedra W SF1-A 3.966
8. Low Density Residential
Burnett, Patricia H SF1-A 2.05
9. Low Density Residential
George, David W SF1-A 1.096
10. Corps of Engineers
U S A AG 17.443
11. Low Density Residential
Miles, Marylyn E & Etal AG 9.726
12. Corps of Engineers
U S A AG 47.231
13. Low Density Residential
Shackleford Holdings SF1-A 1.099
14. Low Density Residential
George, David SF1-A 0.807
Case No. Attachment E
ZA07-133 Page 1
Surrounding Property Owner Responses
Lake Forest
Notices Sent: Fourteen (14).
Responses Received: Seven (7).
Surrounding Property Owners Within 200 Feet
Ward & Diedra Flora (SPO #7),
Notification Response Form
880 Harbor Ct., submitted a in
Opposition
on January 9, 2008 (see attached 4 pages).
Patricia Burnett (SPO #8),
Notification Response Form
3510 Burney Ln., submitted a stating
Undecided
on January 10, 2008 (see attached).
Darin & Michele Winn (SPO #4),
Notification Response Form
2950 Burney Lane, submitted a in
Opposition
on January 14, 2008 (see attached).
John & Lynda Stewart (SPO #1),
Notification Response Form
2920 Burney Lane, submitted a in
Opposition
on January 17, 2008 (see attached).
Jack & Rose Fredricks (SPO #5),
Notification Response Form
2960 Burney Lane, submitted a in
Opposition
on January 24, 2008 (see attached).
John & Thelma Wilson (SPO #2),
Notification Response Form
2930 Burney Lane, submitted a in
Opposition
on January 28, 2008 (see attached).
Bernard & Barbara Fischbach (SPO #3),
Response via Petition
2940 Burney Lane, submitted a
Opposition
in on January 17, 2008 (see attached Petition).
Petition Submitted in Opposition (see attached petition)
William & Debra Capps,
2890 Harbor Ridge.
Nancy McArthur,
1095 Harbor Retreat.
Rob & Tina Johnson,
1110 Harbor Retreat.
Terry & Judith Sauder,
1090 Harbor Haven.
Alice Miller,
3540 Burney Lane.
Barbara Hill,
1085 Burney Lane.
Bill Cook,
895 Harbor Court.
Jamie Galis,
885 Harbor Court.
Greg & Marianna Hammer,
1105 Harbor Haven.
Mark & Carol Cox,
1039 Burney Lane.
Jimmy & Tammy Fox,
2935 Burney Lane.
Ray & Dinah Chancellor,
890 Harbor Court.
Alethea Schroen,
2895 Burney Lane.
Leonard & Debbie Ledet,
870 Harbor Court.
Steve & Cathy Curtis,
3580 Burney Lane.
Connie Hitchcock,
1110 Harbor Haven.
Rod & Kathy Stevenson,
1115 Harbor Retreat.
Mary R. Wambsganss,
2915 Burney Lane.
Michael Cope,
3550 Carmel Court.
Allan Hultin,
1075 Harbor Haven.
Ken & Gloria Land,
2900 Burney Lane.
Marge Zielke,
1090 Burney Lane. Received letter of opposition May 6, 2008. (Attached)
Jim Schmidt,
1095 Burney Lane.
John Monrad,
2905 Burney Lane.
Marc & Joan McGaffigan,
2885 Burney Lane.
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Shay Sabbatis,
850 Harbor Court.
Amy K. Hakert & Amber Miles,
2910 Burney Lane.
Martin & Mary O’Connor,
2965 Burney Lane.
Jay Hartman,
3540 Carmel Court.
William & Kollis Eastwood,
3530 Carmel Court.
Surrounding Property Owners Outside 200 Feet
Rod Zielke, opposition
1090 Burney Lane. Received letter of May 6, 2008. (Attached)
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-550
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 5,
SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, AND
BEING APPROXIMATELY 11.253 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
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District under the City’s Comprehensive Zoning Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
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requires the amendments, and that the zoning changes do not unreasonably invade the rights of
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being Tract 5, situated in the R.D. Price Survey, Abstract No. 1207, and being
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approximately 11.253 acres, and more fully and completely described in Exhibit “A”
from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development
District as depicted on the approved Site Plan attached hereto and incorporated
herein as Exhibit “B”, and subject to the following specific conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
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particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
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until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
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________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tract 5, situated in the R.D. Price Survey, Abstract No. 1207, and being approximately
11.253 acres, and more fully described below as:
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EXHIBIT “B”
DEVELOPMENT PLAN
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ZONING PROPOSAL FOR:
LAKE FOREST
AN “R-PUD” PLANNED UNIT DEVELOPMENT
Lake Forest is a proposed single family residential lot development containing five (5) exclusive, custom lots on
11.253 acres, a density of .44 units per acre. The property is located adjacent on the west of the existing Harbor
Oaks subdivision and to the north of the existing Huse Homeplace subdivision. The property is surrounded on three
sides by existing residential lots zoned SF 1-A with lot sizes ranging from one acre to a three acre lot in Huse
Homeplace. The west side of the subject property is bounded by the United States Army Corps of Engineers land
which surrounds Grapevine Lake.
The property is an irregular shape with a smaller 1+ acre triangular tract at the north end of the property and a larger
southern tract having, generally, a square configuration. Separating the north and south tracts is a section of the
Corps property which picks up storm water drainage from the existing Harbor Oaks subdivision to the east, and
carries that water to Grapevine Lake. The northern tract will be developed as a single lot, the larger southern tract
will be developed into four (4) lots.
Currently the subject property has no public access. To overcome this problem, a public access conveyance will be
made to the City by the owner of 2970 Burney Lane, being lot 10, block 2, Harbor Oaks Addition. Within this
conveyed area a public road providing access to the subject property from Burney Lane and a City water line to
service the new subdivision will be constructed. When the public road enters the subject property the roadway will
be built upon a public dedicated right of way. The roadway will be built to City standards by this development and
will be owned and maintained by the City of Southlake as any other public road within the City.
This project is being developed by Four Peaks Development, Inc. with the assistance of its land planner, Mesa Design
Group and its civil engineering consultant, Hamilton Duffy.
The development calls for a single point of ingress and egress off of Burney Lane along the north and west sides of
the before mentioned Lot 10, Block 2 of Harbor Oaks Estates. Upon entering the subject property, the road will
cross the narrow neck separating the north tract from the southern tract of the property. There will be a single lot
developed on the north tract. All of the lots with the southern tract will be constructed on the west side of this new
road and back to the Corps of Engineers land.
The development plan calls for a thirty foot (30’) access through lot 10 of Block 2, Harbor Oaks Addition, and a
thirty-one foot (31’) right of way within the development. The grantor of the easement has agreed to dedicate
additional right of way at the Burney Road entry to accommodate appropriate signage for the subdivision if so
needed. A full width roadway of thirty one feet (31’), back of curb to back of curb will be built within this project,
south of the bridge crossing from Lot 1. A thirty-one foot (31’) right of way will be dedicated to accommodate this
roadway. By having a more narrow right of way the lots will be larger, and, it is hoped, there will be fewer trees
removed from the site. A ten foot (10’) utility easement will be dedicated on both sides of the roadway within the
subdivision to support the installation of public and private utilities.
To satisfy the open space requirement of a PUD and to address the environmental sensitivity of the adjacent Corps of
Engineers property and to preserve the more healthy tree mass within the property, the required open space called for
in the PUD ordinance, ten percent (10%), will be a dedicated lot on the west side of the development being the
63,636 square foot lot number 6. This open space represents 12.93% of the gross land area of the development.
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This Lot 6 shall be a totally protected area on which no fences may be erected and no trees or underbrush may be
removed without the approval of the City’s Landscape Administrator. Access from each individual lot into this area
and then onto the Corps of Engineers property is permitted. Additionally, all areas located in the Corps of Engineers
Flowage Easement to Grapevine Lake, except for lot 4, and all property boundaries on the perimeter of the project,
for a depth of twenty feet (20’), will be a designated as private Tree Conservation Area. Because there is a large
portion of Lot 4 impacted by the Grapevine Lake Flowage Easement, the Tree Conservation Area for this lot shall be
all areas within the flood plain and/or an additional twenty feet east of the PUD Open Space lot. Though the Tree
Conservation Area lies within the privately owned lots, no tree in excess of six inches (6”) in diameter may be
removed within the Tree Conservation Area by a property owner without the written approval of the City of
Southlake Landscape Administrator unless so required to establish proper drainage.
The developer recognizes the rural nature of this property and the fact that a number of deer reside in the Lake
Grapevine Corps of Engineers property and City of Southlake Park areas. The developer also recognizes there may
be wildlife in the area that is undesirable when mixed with single family residences such as coyote, skunks, etc. As
part of the development restrictions for this project, no fencing of any kind shall be installed within the PUD Open
Space. All fencing within the subdivision, whether front, side or rear fencing shall be an open style fencing, except for
front elevations as noted below. All open-style fencing within the subdivision shall be constructed of a decorative
metal material of a single, uniform design except stone or brick columns may be constructed at intermittent locations
along the fence line at the discretion of the property owners. Solid masonry fencing may be permitted on the front
elevation of the houses linking to the side property lines if such fencing is of the same material as the house and is an
integral architectural component of the house.
In order to give more flexibility to the placement of houses on each lot and to encourage a more intimate setting
within this small enclave of homes, The PUD restrictions call for front yard setbacks to be a minimum of twenty-five
(25’). Rear yards shall be a minimum forty feet (40’).
There are no city owned sanitary sewer facilities located in this section of Southlake and per conversations with the
planning, engineering and public works departments within the City of Southlake, there are no plans for any such
facilities. Due to this fact, a waiver is requested calling for the installation of a “dry pipe” sewer system. It is the
contention of the developer that by the time, if ever, city sewer service is brought to this area of the City, the unused
“dry pipes” would be deteriorated and unusable, requiring the pipe to be abandoned and new pipe installed. This
same waiver was requested and granted with the development of the Huse Homeplace subdivision. The developer
has consulted with Mr. David Jefferson, Environmental Health Manager for the Tarrant County Public Health
Department regarding the acceptability of this project and the development of seven (7) lots. A “site evaluation” has
also been made on the property by James M. Sims, P.E. a licensed site evaluation specialist. Mr. Sims’ report,
attached hereto, was submitted to Mr. Jefferson for his evaluation. Mr. Jefferson’s subsequent letter is also attached
hereto. It has been concluded by Mr. Sims and Mr. Jefferson that standard septic systems will not be appropriate for
this site. Mr. Sims’ report states: “System requirements for sites having insufficient Suitable soil depth, Un-Suitable
Soil (each of the lots in this study) and/0r groundwater intrusion (generally a seasonal phenomenon) will most likely
Evapo-Transpiratory (ET)
be required to utilize either Standard On-Site Sewage Facility (OSSF) or an approved
Mound, Low Pressure Dose or Surface Application
Alternate OSSF (commonly, ). Sites which exhibit a shallow
rock stratum (each of the lots in this study), may be required to have a five foot deep test pit dug before a system type
will be specified. The five–foot test pit will also be inspected for groundwater intrusion (a seasonal phenomenon). In
cases where the five-foot pit cannot be dug, i.e., a restrictive layer or where groundwater is encountered, an
Alternate type system may also be required. As before, it should be noted that each of the lots investigated in this
study fall in these categories.” The developer recognizes that all lots must be permitted by the Tarrant County
Public Health Department for the utilization of individual private waste water treatment systems. Moving this project
from seven (7) lots to five (5) lots will, obviously, only enhance the viability of utilizing an OSSF system.
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There are no sidewalks within any nearby subdivisions including Harbor Oaks, Huse Homeplace or Carmel Bay. To
be consistent with the rural environment of this area and to preserve existing trees, a waiver of the sidewalk
requirement is requested.
This Residential Planned Unit Development (“R-PUD”) shall abide by all the conditions of the City of Southlake
Comprehensive zoning Ordinance No. 480, as amended, as it pertains to the “SF-1-A” single family residential
zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, except with the variances as
noted herein.
Permitted Uses:
This property shall be limited to the permitted uses as found in the “SF-1A” Single Family Residential District as
described in Section 11 of the Comprehensive Zoning Ordinance No. 480, as amended and for model homes used for
sales and promotions
Development Regulations:
This property shall be subject to the development regulations for the “SF-1A” Single Family Residential District, and
all other applicable regulations except with the details or variances as noted herein and within the Covenants
Conditions and Restrictions for Lake Forest Addition, a copy of which has been provided to the City.
Summary:
Maximum Number of Lots: 5
Minimum Lot Area: 43,560 square feet
Front Yard Setback: Twenty-five feet (25’)
Rear Yard Setback: Forty feet (40’) except lot 7 shall be twenty-five feet (25’)
Side Yard Setback: Fifteen feet (15’)
Maximum Lot Coverage: Thirty percent (30%),
Building Area; Maximum Coverage of vertical improvements
e.Single story – 10,000 sq. ft.
f.Two story – 8,000 sq. ft.
g.detached garages – 750 sq. ft.
h.Cabanas and summer kitchens – 500 sq. ft.
Minimum Enclosed AC Space: 4,000 square feet
No building or structure on any Lot shall exceed twenty-eight feet (28’) in
Maximum Building Height:
height, such height to be measured and determined in accordance with the
customary method being at the of the highest sloping roof above.
midpoint
Each structure shall have a minimum principle plate height of ten (10) feet
on the first floor, and a minimum plate height of nine (9) feet on garages,
unless for a special approved design consideration. All first floor exterior
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doors shall be at least eight (8) feet in the main living areas.
Section 8.01D of the Subdivision Ordinance No. 483, as amended, regarding side lot lines being perpendicular to
the right of way lines or radial in the case of cul de sac or curvilinear design shall
not apply to this Residential Planned Unit Development
EXAMPLE OF “OPEN FENCING” PERMITED IN LAKE FOREST
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