Item 10ACity of Southlake
Department of Planning
S T A F F R E P O R T
April 12, 2006
ZA05-128
CASE NO:
Preliminary Plat for Proposed Bella Lago Subdivision
PROJECT:
REQUEST: On behalf of Marylyn E. Miles, Maxxus Development, L.P. is requesting approval of a
preliminary plat proposing nine single family residential lots on 13.09 acres. The
original submission shown on Page 1 of Attachment ‘C’ proposed a 10 lot preliminary
plat with 1 lot existing residential lot and 9 new buildable. The revised proposal shows
8 new buildable lots with 1 existing residential lot.
This plat was originally submitted concurrently with a request for “SF-1A” single family
residential zoning. The plat was tabled by the applicant until the April 6, 2006 Planning
and Zoning Commission meeting and the “SF-1A” zoning request moved forward to
the City Council. The zoning change was denied and the plat was not withdrawn by the
applicant and still requires a City Council action. The Planning and Zoning Commission
denied the plat (5-0) on April 6, 2006. The plat does not meet the requirements of the
underlying “AG” agricultural zoning regulations.
Consider approval of preliminary plat
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Revised Plat Review Summary No. 2, dated December 2, 2005.
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA 05-128
BACKGROUND INFORMATION
OWNER: Marylyn E. Miles
APPLICANT: Maxxus Development, L.P.
PROPERTY SITUATION: The property is located at 2970 Burney Lane and the property behind the
properties located at 2930 to 2970 Burney Lane.
LEGAL DESCRIPTION: Lot 10, Block 2, Harbor Oaks and Tract 5, situated in the R. Price Survey,
Abstract No. 1207
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “SF-1A” Single Family Residential District
HISTORY: -A final plat was approved by City Council on April 15, 1980.
-A plat revision was filed in September of 1980.
-City Council approved the “SF-1A” zoning for the subdivision with approval
of Comprehensive Zoning Ordinance No. 480 on September 19, 1989.
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 one (1) street intersecting with 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 not expected to warrant expansion of
the existing roadway network. No plans for improvement in the near future
have been made for Burney Lane.
Case No. Attachment A
ZA 05-128 Page 1
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 9 86 2 5 6 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: The Southlake Pathways Master Plan does not recommend any trail or sidewalk
improvements adjacent to this site.
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.
DRAINAGE COMMENTS: The lots on the east side of the proposed street drain to the proposed storm
drain system which will carry the storm water to the proposed detention pond.
The detention pond will outfall into the existing channel directly north of the
development. The lots on the west side of the street will sheet flow directly
into the existing channel.
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 are Black Hickory, Cedar Elm, Black Jack Oak, Ash and
American Elm which would be closer to the floodplain area of the site.
From the shape of the existing flood plain on lots 2, 5 and 6, the construction of
homes on these lots may possibly require reclamation of flood plain area.
Grading plans are not required to be submitted with the submittal of Concept
Plans so it is difficult to determine how proposed grading and construction
would affect the flood plain and existing trees outside of buildable areas.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the Plan Area ‘E’ study area to include the following changes:
Land Use Recommendations
Existing land use designation – Low Density Residential.
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
these features. The Environmental Resource Protection Map specifically
identifies most of the site as a priority area for protection. Building pads
Case No. Attachment A
ZA 05-128 Page 1
should be located to maximize tree preservation and to avoid the
floodplain.
P&Z ACTION: November 17, 2005; Approved to table (5-0) until December 8, 2005.
The Commission held discussion with Mr. Housmans and Mr. Lyle. The
Commission agreed the following issues needed to be further addressed:
determine where the flood plain is located
determine the buildable area of each of the lots
tree plan
further determine drainage plan
fencing illustrations
deed restrictions regarding stables or barn type structures
location of horse trail
skeptical regarding the proposed septic system plans being realistic and
the impact of the systems on the existing trees
concerns about the easement / dedicated right of way
December 8, 2005; Approved to table (7-0) until January 5, 2006.
January 5, 2006; Approved to table (6-0) until January 19, 2006. The following
are the issues that were discussed prior to tabling:
Consideration of the Environmental Resource Protection aspect of the
Southlake 2025 Land Use Plan.
Infringement upon the flood plain
The configuration, elimination, or combining of lots
Specifically, lots 5, 6, and 2 are too close
Reduce to 7 lots
Long term effects of aerobic septic systems
No perimeter fencing that would hinder wildlife movement
Eliminate horse trail
Incorporate a wildlife easement
Look at deed restricting street parking in order to narrow the roadway…
making sure any changes are acceptable to the Fire Dept.
Tree Preservation
January 19, 2006; Approved to table (7-0) until February 9, 2006. The
following items were stated prior to tabling:
Show us a plan with 7 new lots
Show on plan each pad site; all easements; all strips and buffers; and
materials used for strips and buffers
tree preservation plan; including trees you are going to mitigate and/or
add across the south and the east
Case No. Attachment A
ZA 05-128 Page 1
consider different form for wildlife easement or migration pattern –
seeking staff’s assistance
location of septic
view shed map retention area
show areas to replant and vegetation that will be put in
detail of retention area
drainage flows
work with the neighbors
February 9, 2006; Approved to table until the April 6, 2006 meeting.
April 6, 2006; Denied (5-0)
STAFF COMMENTS: Attached is Revised Plat Review Summary No. 2, dated December 2, 2005.
N:\Community Development\MEMO\2005cases\05-128PP.doc
Case No. Attachment A
ZA 05-128 Page 1
Case No. Attachment B
ZA 05-128 Page 1
PRVIOUSLY SUBMITTED PRELIMINARY PLAT
Case No. Attachment C
ZA 05-128 Page 1
REVISED PRELIMINARY PLAT
Case No. Attachment C
ZA 05-128 Page 1
PLAT REVIEW SUMMARY
ZA05-128Two12/02/05
Case No.: Revised Review No.: Date of Review:
Preliminary Plat – Bella Lago
Project Name:
APPLICANT: Maxxus Development, L.P. SURVEYOR: Encompass Solutions, LTD
Errol Housemans Jack Lyle
2720 N. Stemmons Frwy, Tower South – 300 2720 N. Stemmons Frwy, Tower South – 702
Dallas, TX 75207 Dallas, TX 75207
Phone: (214) 876-1738 Phone: (214) 540-8518
Fax: (214) 292-0441 Fax: (214) 540-6991
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/31/05 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 BEN BRYNER AT (817) 748-8602.
1)All lots must comply with the underlying zoning district regulations. This property is currently zoned
“AG” and is subject to receiving approval of an appropriate change of zoning. A proposal to rezone to
“R-PUD” is being processed currently.
2)Show the tract line between the two tracts north of the proposed subdivision owned by David George.
3)The following changes are needed with regard to easements:
a)Where adjacent property is un-platted or platted showing a 5’ U.E., provide a 5’ U.E. along the
property line. If adjacent property is platted and shows no easement, provide a 10’ U.E. along
the interior of the property line. However, Staff recommends that easements be placed only
where needed to provide necessary utility services and, where possible, be placed in a manner
that minimized impacts on existing quality trees. Utility easements are needed for franchise
utilities.
b)Off-set the drainage easement between Lots 8 & 9 so that it is entirely contained within one lot
or the other.
4)Correct the front building setback line on Lot 1 along Burney Lane to be 40’.
5)Show and label the 100 year floodway, 100 year floodplain and the Grapevine Reservoir Flowage
Easement defined by the 572 feet msl elevation contour. Please be aware that any improvements made
at or below the 572 feet elevation requires approval of the US Army Corp of Engineers.
INFORMATIONAL COMMENTS
* An appropriate replat and/or dedication instrument of the proposed street R.O.W. on Lot 10, Block 2,
Harbor Oaks must be submitted an approved by the City prior to approval of a final plat for the
Case No. Attachment D
ZA 05-128 Page 1
remaining lots. The replat and/or dedication instrument must be recorded in the County prior to
recording the final plat.
All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
*
development run-off.
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent
of this requirement.
* 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
ZA 05-128 Page 2
Case No Review No.Dated: Number of Pages:
. 05-128 Two November 9, 2005 1 ___
Project Name:
Bella Lago (Preliminary Plat)
Comments due to the Planning Department:
November 9, 2005______
ContactPhone:Fax:
: Keith Martin (817) 748-8229__________ (817) 481-5713___________
===========================================================================
The following comments are based on the review of plans received on November 1, 2005 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
Is a tree survey required?
* An aerial photograph of the property was provided with the Preliminary Plat submittal.
TREE PRESERVATION COMMENTS:
1. 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 are Black Hickory, Cedar
Elm, Black Jack Oak, Ash and American Elm which would be closer to the floodplain area of the site.
2. From the shape of the existing flood plain on lots 2, 5 and 6, the construction of homes on these lots
may possibly require reclamation of flood plain area. Grading Plans are not required to be submitted
with the submittal of Preliminary Plats so it is difficult to determine how proposed grading and
construction would affect the flood plain and existing trees outside of buildable areas.
* Residential Subdivision Development:
In a residential subdivision, all protected trees that the
Landscape Administrator determines must be altered in order to install utility lines within public
R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve
the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the
tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation
Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not
have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree
Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the
Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree
protection requirements, and all other provisions of the Tree Preservation Ordinance.
Case No. Attachment D
ZA 05-128 Page 3
Surrounding Property Owners
Bella Lago
Owner Zoning Land Use Acreage
1.Stewart, John D & Lynda A SF-1A Low Density Residential 1.84
2.Wilson, John N & Thelma B SF-1A Low Density Residential 1.93
3.Fischbach, Bernard V & Barb SF-1A Low Density Residential 1.99
4.Winn, Darin & Michele SF-1A Low Density Residential 1.92
Mers, Clarence A & Carmen E
5.Fredricks, Jack M & Rose E SF-1A Low Density Residential 1.87
6.Housmans, Errol V & Leslie SF-1A Low Density Residential 1.86
7.Farhat, Mohamed H & Yasmine SF-1A Low Density Residential 2.59
8.O’Connor, Martin V & Mary SF-1A Low Density Residential 2.55
9.Flora, Ward D & Diedra W SF-1A Low Density Residential 3.876
10.Burnett, Don & Patricia Ann SF-1A Low Density Residential 0.83
11.George, David W SF-1A Low Density Residential 0.96
12.Curtis, May Kathryn SF-1A Low Density Residential 1
13.Miles, Marylyn E SF-1A Low Density Residential 11.251
14.George, David W SF-1A Low Density Residential 0.973
15.George, David W SF-1A Low Density Residential 0.836
16.Fretwell, Carl Q AG Low Density Residential 1.28
Case No. Attachment E
ZA 05-128 Page 1
Surrounding Property Owner Responses
Bella Lago
Notices Sent Certified Mail: Seventeen (17)
SEE ZA05-127 STAFF REPORT FOR COPIES OF RESPONSES
Case No. Attachment F
ZA 05-128 Page 1