Item 6CCity of Southlake
Department of Planning
S T A F F R E P O R T
January 10, 2007
ZA06-042
CASE NO:
Zoning Change and Development Plan for 3280 Burney Lane
PROJECT:
REQUEST: Jerry Statham is requesting approval of a zoning change and development plan at 3280
Burney Lane from “AG” Agricultural District to “R-PUD” Residential Planned Unit
Development District on approximately 4 acres. The development plan proposes the
following:
2 Single Family Residential Lots
Min. lots size is 2 Acres
Density of 0.5 DU/ Acre
23% Open Space/Preservation Area
Generally follows the “SF-1A” zoning district uses and regulations. See page 5
of attachment C.
The property currently has access onto Burney Lane through a private access easement
on adjacent property. The Subdivision Ordinance No. 483, as amended, requires that
all residential lots shall abut on a public street built to City street standards. The
applicant proposes lots to front a private access easement as part of the RPUD
regulations.
The City Council first reading requested the following:
City Council Request Provided
1. Evaluate pedestrian access to the Yes, see staff comments below
caves via the subject property
2. Fencing to be limited to the area Yes, restricted to wrought iron 5 feet in
designated as the building pad height and within the building pad area
and to be limited to wrought iron designated on the plan
3. Revise the PUD regulations to Yes
reflect the proposed concept plan
4. Address accessory building Wishes to get clarification from City
standards proposed Council and discuss at the meeting
5. Provide appropriate access to Yes, will meet minimum fire department
satisfy public safety requirements access and fire protection requirements
Staff has investigated the feasibility of seeking a pedestrian access through this site to
Case No.
ZA 06-042
allow access to the Grapevine Reservoir Corp of Engineer property, and in particular
access to a cave along the banks of the lake near the subject property. Staff has found
the following:
1)An on the ground survey performed by a Registered Professional Surveyor would
be needed to provide a definitive determination of whether the cave is on public or
private property. However, the Grapevine Reservoir Corp of Engineers office
stated it is their belief that the cave entrance is on Corp of Engineer controlled
property. Staff visited the site and from evaluating the aerial photographs and
subdivision plat, it appears that the interior of the cave may be on private property.
The adjacent property owner has posted a sign in front of the cave stating “private
property”.
2)The City’s Master Pathways Plan does not call for any trails in this area.
3)Easements through a minimum of two additional tracts of land will be required to
connect the easement to the nearest public right-of-way.
4)There are topography challenges that must be considered in accessing the trails
within the Corp of Engineers’ property.
5)Currently there are no designated parking areas near the trail head.
6)If an easement is provided on this site, staff would recommend it be placed along
the south boundary of the subject property, a minimum of 10 feet in width and
extending from the east boundary to the west boundary (common with Corp of
Engineers boundary).
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading of zoning change and development plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Development Plan Review Summary No. 2, dated January 10, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance 480-510
(H) Plan copies (Commission and Council members only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA 06-042
BACKGROUND INFORMATION
OWNER/APPLICANT: Jerry Statham
PROPERTY SITUATION: The property is located at 3280 Burney Lane, Southlake, Texas.
LEGAL DESCRIPTION: Tract 11, situated in the 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 for 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 property has access onto Burney Lane through a private access easement
on adjacent property.
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 not expected 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
Number of Single-Family 1 10 0 1 1 0
Residential Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Burney Lane.
Case No. Attachment A
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PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan does not make any recommendations
adjacent to the site.
WATER & SEWER: An 8” water line exists along the east side of Burney Lane. No sanitary sewer
lines are located within close proximity to the site. The applicant would be
allowed to use a private septic system.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
DRAINAGE ANALYSIS: This site drains to the north and west directly onto the Corps of Engineers
property and ultimately to Grapevine Lake.
SOUTHLAKE 2025: Land Use Plan Recommendations
Land use designation – Low Density Residential.
P&Z ACTION: May 4, 2006; Approved (6-0) to table until the June 8, 2006 meeting.
June 8, 2006; Approved (5-0) to table until the July 20, 2006 meeting.
July 20, 2006; Approved (5-0) to table until the August 17, 2006 meeting.
August 17, 2006; Approved (6-0) to table until the September 21, 2006
meeting.
September 21, 2006; Approved (6-0) to table until the October 19, 2006
meeting.
October 19, 2006; Approved (5-0) to table until the November 9, 2006
meeting.
November 9, 2006; Approved to table until December 7, 2006.
December 5, 2006; Tied (3-3) Application moves forward to Council with a tie
vote. No super majority rule imposed with this action.
COUNCIL ACTION: January 2, 2007; Approved first reading (7-0) with the following
recommendations:
Evaluate pedestrian access to the caves via the subject property
Fencing to be limited to the area designated as the building pad and to be
limited to wrought iron
revise the PUD regulations to reflect the proposed concept plan
Address accessory building standards proposed
provide appropriate access to satisfy public safety requirements
Case No. Attachment A
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STAFF COMMENTS: Attached is Revised Development Plan Review Summary No. 2, dated January
10, 2007.
N:\Community Development\MEMO\2006cases\06-042Z.doc
Case No. Attachment A
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Case No. Attachment B
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Common Access Easement
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1
Concept Plan
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2
Concept Plan with Topography
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3
Tree Conservation Analysis
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4
Case No. Attachment C
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5
Statham PUD District
The Statham PUD District will contain all of the Section 11, SF-1A Single-Family Residential District (As
amended by Ordinance No. 480-HHH) except for the following changes:
11.1 – No changes
11.2 – No changes
11.3 – No changes
11.4 – No changes
11.5 – Shall be replaced with:
Development Regulations – In this district, the following development regulations shall be applicable:
a.Height: No building or structure shall exceed 45 feet.
b.Front Yard: As shown on concept plan
c.Side Yard: As shown on concept plan
d.Rear Yard: As shown on concept plan
e.Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not
exceeding (14%) of the lot area, except the sum total of accessory buildings shall not exceed 2,500
square feet.
f.Lot area: The minimum area of a lot shall be eighty-seven thousand one hundred twenty (87,120)
square feet.
g.Lot Dimensions: No restrictions
h.Floor Area: The main residence shall contain a minimum of three thousand (3,000) square feet of
floor area.
i.Maximum Residential Density: The maximum number of dwelling unit per acre shall 0.5.
j.All trees within the property except in the designated building pad, driveways, and 20’ variance
granted, shall be preserved.
11.6 – No Changes
11.7 – Strike in its entirety
11.8 – Access – Due to environmental conditions (tree preservation and wildlife considerations), lot shall
be permitted to front private access easement rather than a public street. Access shall meet the minimum
fire department requirements.
11.9 – Variance not otherwise stated - Due to environmental conditions (tree preservation) please allow
for a pad, road, and driveway variance of up to twenty feet (20 ft).
11.8 – Fencing – Due to environmental conditions (tree preservation and wildlife considerations), there
shall not be fencing of any type except within the building pad are identified on the approved development.
The fencing is then restricted to wrought iron or a powder coating of that style of fence. The fence shall
not exceed 5 ft unless otherwise mandated by any other city, state, or safety requirements.
Case No. Attachment C
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6
DEVELOPMENT PLAN REVIEW SUMMARY
ZA06-042 Two1/10/07
Case No.: Review No.: Date of Review:
Development Plan– Statham Residence at 3280 Burney Lane, 4 Acre RPUD Zoning
Project Name:
APPLICANT:
Jerry Statham
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT DEVELOPMENT PLAN RECEIVED BY THE CITY ON
10/02/06 AND REGULATIONS RECEIVED ON 1/10/07 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.
1)Provide Owner and person preparing the plan names, addresses and phone number on the plan.
2)Provide a bolder line type and clearly identify the preservations areas and other stands of trees to be
preserved on the Tree Conservation Analysis.
3)Label adjoining property owners, land use designation and zoning within 200’.
4)Clearly distinguish the Grapevine Reservoir Flowage Easement defined by the 572’ contour elevation.
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.
* A Plat must be approved prior to any building permit and a Developer’s 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.
Case No. Attachment D
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1
Surrounding Property Owners
3280 Burney Lane
Owner Zoning Land Use Acreage
1.Housmans, Errol & Leslie SF-1A Low Density Residential 1.857
2.Eastwood, William & Kollis SF-1A Low Density Residential 1.077
3.Burnett, Don & Patricia Ann SF-1A Low Density Residential 0.742
4.Burnett, Don & Patricia Ann SF-1A Low Density Residential 1.17
5.George, David W SF-1A Low Density Residential 1.096
6.Curtis, Mary Kathryn SF-1A Low Density Residential 1.066
7.Ault, David & Gloria SF-1A Low Density Residential 0.969
8.USA n/a Corps of Engineers 495.1
9.USA n/a Corps of Engineers 64.67
10.Statham, Jerry & Jill SF-1A Low Density Residential 1.099
11.George, David W SF-1A Low Density Residential 0.807
12.Statham, Jerry & Jill AG Low Density Residential 2.87
13.Statham, Jerry & Jill AG Low Density Residential 1.21
14.Lake Grapevine n/a n/a n/a
Case No. Attachment E
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Surrounding Property Owner Responses
3280 Burney Lane
Notices Sent: Seven (7)
Responses Received: Two (2)
Responses within 200’ feet:
Errol Housmans, 2970 Burney Lane, Southlake, Texas in favor (see attached letter received 10-18-
06)
Responses outside 200’ feet:
Jimmy & Tammy Fox, 2935 Burney Lane, Southlake, Texas opposed (received 10-18-06)
Case No. Attachment F
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-510
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 TRACT 11, SITUATED IN THE R.D. PRICE
SURVEY, ABSTRACT NO. 1207, BEING APPROXIMATELY 4.02 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
“AG” AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT WITH “SF-1A” SINGLE FAMILY
RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS,
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 District under
the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment G
ZA06-042 Page 1
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 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
Case No. Attachment G
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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 11, situated in the R.D. Price Survey, Abstract No. 1207, being approximately
4.02 acres, and more fully and completely described in exhibit “A” from “AG” Agricultural
District to “R-PUD” Residential Planned Unit Development District with “SF-1A” Single
Family Residential District uses as depicted on the approved Development Plan, including “R-
PUD” development standards, attached hereto and incorporated herein as Exhibit “B”, and
subject to the following specific conditions:
1.
SECTION 2.
Case No. Attachment G
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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
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.
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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 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.
Case No. Attachment G
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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.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment G
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
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EXHIBIT “A”
Being Tract 11, situated in the R.D. Price Survey, Abstract No. 1207, being approximately 4.02 acres.
Case No. Attachment G
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Case No. Attachment G
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EXHIBIT “B”
Common Access Easement
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PROPOSED “R-PUD” USES & REGULATIONS
Statham PUD District
The Statham PUD District will contain all of the Section 11, SF-1A Single-Family Residential District (As
amended by Ordinance No. 480-HHH) except for the following changes:
11.1 – No changes
11.2 – No changes
11.3 – No changes
11.4 – No changes
11.5 – Shall be replaced with:
Development Regulations – In this district, the following development regulations shall be applicable:
k.Height: No building or structure shall exceed 45 feet.
l.Front Yard: As shown on concept plan
m.Side Yard: As shown on concept plan
n.Rear Yard: As shown on concept plan
o.Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not
exceeding (14%) of the lot area, except the sum total of accessory buildings shall not exceed 2,500
square feet.
p.Lot area: The minimum area of a lot shall be eighty-seven thousand one hundred twenty (87,120)
square feet.
q.Lot Dimensions: No restrictions
r.Floor Area: The main residence shall contain a minimum of three thousand (3,000) square feet of
floor area.
s.Maximum Residential Density: The maximum number of dwelling unit per acre shall 0.5.
t.All trees within the property except in the designated building pad, driveways, and 20’ variance
granted, shall be preserved.
11.6 – No Changes
11.7 – Strike in its entirety
11.8 – Access – Due to environmental conditions (tree preservation and wildlife considerations), lot shall
be permitted to front private access easement rather than a public street. Access shall meet the minimum
fire department requirements.
11.9 – Variance not otherwise stated - Due to environmental conditions (tree preservation) please allow
for a pad, road, and driveway variance of up to twenty feet (20 ft).
11.8 – Fencing – Due to environmental conditions (tree preservation and wildlife considerations), there
shall not be fencing of any type except within the building pad are identified on the approved development.
The fencing is then restricted to wrought iron or a powder coating of that style of fence. The fence shall
not exceed 5 ft unless otherwise mandated by any other city, state, or safety requirements.
Case No. Attachment G
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Developoment Plan
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Development Plan with Topography
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Tree Conservation Analysis
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